IC-NRLF 


GENERAL  RAILROAD  LAWS 


STATE  OF  PENNSYLVANIA 


ACTS  RELATIVE  TO  CORPORATIONS  AFFECTING 
RAILROAD  COMPANIES. 


ARRANGED  IN  CHRONOLOGICAL  ORDER,  FROM  1820  TO  1874, 
WITH  A  COMPLETE  ANALYTICAL  INDEX. 


COMPILED  BY  GEO.  W.  I.  BALL. 

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PHILADELPHIA: 

PUBLISHED    BY  ALLEN,    LANE   &   SCOTT, 
No.  233  South  Fifth  Street. 

I875- 


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Entered,  according  to  Act  of  Congress,  in  the  year  1875,  by 

ALLEN,  LANE  &»  SCOTT, 
In  the  Office  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 


NOTE. — In  several  instances  acts  and  parts  of  acts  repealed  or  supplied,  and  so  noted,  are 
introduced  in  their  proper  order,  so  that  comparisons  and  references  may  be  made  in  this  book. 


GENERAL  RAILROAD  LAWS 


STATE  OF  PENNSYLVANIA. 


AN  ACT  TO  REGULATE  PROXIES. 

Passed  28th  March,  1820.     (Smith's  Laws,  vol.  7 ,  page 320.) 

SECTION  I.  All  power  to  vote  by  proxy  in  any  association 
incorporated  by  any  authority  in  this  Commonwealth,  or  by 
the  former  proprietary  government,  shall  be  obtained  and 
dated  within  six  months  previously  to  the  time  of  holding  the 
election  or  meeting  of  stockholders  at  which  such  proxy  shall 
be  presented,  and  shall  not  be  used  for  any  purpose  or  pur- 
poses except  those  therein  expressed,  nor  shall  any  such 
proxy  be  given  in  blank,  nor  substitution  thereof  to  a  third 
person  be  admitted,  any  law  or  usage  to  the  contrary  notwith- 
standing :  And  provided,  also,  That  nothing  herein  contained 
shall  be  so  construed  as  to  alter  or  affect  the  provisions  of  the 
act  entitled  "  An  act  regulating  banks,"  so  far  as  relates  to  the 
dates  of  proxies. 

SEC.  2.  In  all  elections  of  officers  in  an  association  or  com- 
pany (incorporated  as  aforesaid)  hereafter  to  be  held  by  virtue 
of  any  law  of  this  Commonwealth,  whenever  any  person  shall 
offer  to  the  judges  of  such  election  any  vote  or  votes,  as 
attorney,  proxy,  or  agent  for  any  other  person,  such  person 
being  required  thereto  by  any  judge  of  such  election,  or  any 
stockholder  in  such  association  or  company,  shall,  before  his 
vote  or  votes  shall  be  received,  take  and  subscribe  the  follow- 
ing oath  or  affirmation : — "I do  solemnly  swear  (or  affirm) 

that  I  have  no  interest,  directly  or  indirectly,  in  the  share  upon 
which  I  shall  vote  at  this  election;  that  those  shares  are,  to 
the  best  of  my  knowledge  and  belief,  truly  and  in  good  faith 

(3) 

M2036S4 


owned  by  the  persons  in  whose  names  they  now  stand,  and 
that  in  voting  at  this  election  I  have  not  transferred  any  of  the 
said  shares,  or  caused  them  to  be  transferred  in  trust  or  other- 
wise, for  the  purpose  of  increasing  the  votes  at  this  election, 
and  that  I  shall  not  violate  in  any  manner,  directly  or  in- 
directly, any  provision  of  the  act  of  incorporation  which  limits 
the  number  of  votes  a  stockholder  may  give  in  his  own  right;" 
and  the  judges  of  such  election  are  authorized  to  administer 
the  aforesaid  oath  (or  affirmation),  and  the  said  oath  and  all 
authorities  or  powers  of  attorney  to  vote  by  proxy,  or  as  agent, 
shall  be  filed  and  preserved  in  the  office  of  such  association  or 
company,  and  if  any  person  shall  willfully  and  absolutely 
swear  or  affirm  falsely  in  taking  any  oath  or  affirmation  pre- 
scribed by  this  act,  such  person  so  offending  shall,  upon  due 
conviction  thereof,  be  subject  to  the  pains  and  penalties  which 
are  by  law  prescribed  for  the  punishment  of  willful  and  corrupt 
perjury. 

AN  ACT  REGULATING  LATERAL  RAILROADS. 

Approved $th  May,  1832.     (P.  L.,  1831-2,  pages  501  to  506.} 

SECTION  I.  That  if  any  owner  or  owners  of  land,  mills, 
quarries,  coal-mines,  lime-kilns,  or  other  real  estate,  in  the 
vicinity  of  any  railroad,  canal,  or  slack-water  navigation,  made 
or  to  be  made  by  any  company  or  by  the  State  of  Pennsyl- 
vania, and  not  more  than  three  miles  distant  therefrom,  shall 
desire  to  make  a  railroad  thereto  over  any  intervening  lands, 
he  or  they,  their  engineers,  agents,  and  artists,  may  enter  upon 
any  lands,  and  survey  and  mark  such  route  as  he  or  they  shall 
think  proper  to  adopt,  doing  no  damage  to  the  property  ex- 
plored, and  thereupon  may  present  a  petition  to  the  court  of 
common  pleas  of  the  county  in  which  said  intervening  land 
is  situated,  setting  forth  his  or  their  desire  to  be  allowed  to 
construct  and  finish  a  railroad  in  and  upon  the  said  route,  and 
the  beginning,  courses,  and  distances  thereof,  and  place  of 
intersection  of  the  main  railroad,  canal,  or  slack-water  naviga- 
tion, which  shall  be  filed  and  entered  of  record  in  the  said 
court,  whereupon  the  said  court  shall  appoint  six  disinterested 
and  judicious  men,  resident  in  the  said  county,  who  shall 


view  the  said  marked  and  proposed  route  for  a  railroad,  and 
examine  the  same,  and  if  they  or  any  four  of  them  shall  deem 
the  same  necessary  and  useful  for  public  or  private  purposes, 
they  shall  report  in  writing  to  the  subsequent  term  of  said 
court  what  damages  will  be  sustained  by  the  owner  or  owners 
of  the  said  intervening  land,  by  the  opening,  constructing, 
completing,  and  using  the  said  railroad,  and  the  report  of  the 
said  viewers  and  appraisers  shall  be  filed  of  record  in  the  said 
court,  and  if  not  appealed  from,  be  liable  to  be  confirmed  or 
rejected  by  the  said  court,  as  to  right  and  justice  shall  apper- 
tain ;  and  if  either  of  the  parties  shall  be  dissatisfied  with  said 
report,  he  or  they  may  appeal  therefrom  to  the  said  court  of 
common  pleas  within  twenty  days  after  such  report  has  been 
filed  in  the  prothonotary's  office,  and  not  after;  and  after  such 
appeal,  either  party  may  put  the  cause  at  issue,  in  the  form 
approved  of  by  the  court,  and  the  said  issue  shall  be  placed 
first  on  the  trial  list  of  the  next  regular  term  of  the  said  court, 
and  be  there  tried  and  determined  by  the  court  and  jury,  and 
the  verdict  so  rendered,  and  judgment  thereon,  shall  be  final 
and  conclusive,  without  further  appeal  or  writ  of  error;  and  it 
shall  be  the  duty  of  the  said  viewers  and  jury  to  take  into 
consideration  the  advantages  which  may  be  derived  by  the 
owner  or  owners  of  land  passed  by  the  said  railroad  when 
making  up  their  report  or  forming  their  verdict  thereon. 

SEC.  2.  That  the  said  court  shall  tax  and  allow  such  fees  to 
the  viewers  and  appraisers  and  officers  of  the  court  as  are 
chargeable  for  such  services  under  the  existing  fee  bills,  which 
shall  be  paid  by  the  petitioners  for  the  said  railroad,  and  if 
necessary,  their  payment  shall  be  compelled  by  attachment; 
and  it  shall  be  at  the  option  of  the  petitioner  or  petitioners  for 
the  said  railroad,  either  after  the  report  filed  or  after  the  ver- 
dict of  the  jury,  after  paying  the  legal  costs  to  be  taxed  as 
aforesaid,  to  abandon  the  further  prosecution  of  the  said  rail- 
road, and,  as  evidence  thereof,  shall  file  his  or  their  declaration 
of  that  intent  in  writing,  in  the  said  court,  which  shall  termi- 
nate all  further  proceedings  on  the  said  petition. 

SEC.  3.  That  the  said  railroad  shall  not  exceed  in  breadth 
twenty  feet,  nor  pass  through  any  burying-ground  or  place 
of  public  worship,  nor  any  dwelling-house  or  out-buildings, 


without  the  consent  of  the  owner  thereof;  it  shall  be  of  single 
or  double  track,  and  formed  of  wood,  stone,  and  iron,  each  or 
all  of  them,  as  the  proprietors  of  the  said  road  shall  adopt;  the 
streams  of  water  over  which  it  may  pass  shall  be  bridged  with 
stone  or  wood,  and  the  right  of  property  in  the  said  railroad 
shall  be  vested  in  him  or  them,  his  or  their  heirs  and  assigns, 
who  shall  have  subscribed  the  said  petition  for  the  said  rail- 
road, and  whose  funds  shall  have  been  contributed  and  paid 
for  the  construction  thereof,  in  such  just  proportions  as  each 
contribution  and  payment  shall  bear  to  the  whole  amount  ex- 
pended in  the  formation  and  completion  of  the  said  railroad, 
and  the  satisfaction  of  damages  for  lands  and  materials  appro- 
priated thereto ;  and  the  said  railroad  shall  be  jointly  and 
severally  enjoyed  and  used  by  the  proprietors  thereof;  the 
proprietors  of  the  said  railroad,  their  workmen  and  agents, 
shall  not  break  ground,  or  commence  the  construction  of  the 
said  railroad,  until  the  damages  reported  by  the  viewers,  or 
awarded  by  the  verdict  of  the  jury,  shall  be  tendered  or  paid 
to  the  party  or  parties  entitled  thereto,  except  in  cases  of  their 
being  unknown  to  the  petitioners. 

SEC.  4.  That  fifteen  days'  notice  shall  be  given  of  the  inten- 
tion to  file  a  petition  for  a  railroad,  in  the  court  of  common 
pleas,  and  of  the  time  of  viewing  the  premises  by  the  viewers, 
to  the  owner  or  owners  of  the  lands  over  which  the  route  of 
the  contemplated  railroad  shall  pass,  if  the  said  owners  shall 
be  resident  in  this  Commonwealth ;  and  if  in  any  case  the 
owner  or  owners  of  said  lands  shall  be  unknown,  an  affidavit 
thereof  being  filed  by  any  petitioner  for  said  road,  notice  shall 
be  given  in  one  public  newspaper,  printed  in  the  county  where 
the  land  lies,  for  three  successive  weeks;  and  if  there  is  no 
newspaper  printed  in  the  county  where  the  land  lies,  then 
publication  in  any  newspaper  printed  in  the  adjoining  county 
shall  be  sufficient. 

SEC.  5.  That  he  or  they  who  shall  construct  the  said  rail- 
road, after  having  paid  the  damages  ascertained  as  aforesaid, 
shall  be  entitled  to  use  and  apply  all  the  said  gravel,  timber, 
and  other  materials  on  the  route  adopted,  and  within  the 
breadth  of  twenty  feet,  to  and  for  the  formation  and  comple- 
tion of  the  said  road  and  bridges;  and  it  shall  be  lawful  for 


the  petitioners  for,  and  the  proprietors  of,  the  said  railroad,  his 
or  their  heirs  and  assigns,  and  their  agents  and  persons  em- 
ployed by  or  under  him  or  them,  to  enter  upon  any  land  near 
or  adjoining  said  railroad,  to  search  for  stone,  gravel,  sand, 
wood,  or  other  materials  to  be  used  in  the  construction  of  the 
said  road;  but  no  stone,  gravel,  sand,  wood,  or  other  materials 
shall  be  taken  from  any  land  for  the  purposes  aforesaid  until 
the  rate  of  compensation  therefor  shall  be  ascertained  and 
settled  with  the  owners  of  the  said  lands ;  but  if  the  parties 
cannot  agree  thereon,  each  party  shall  choose  a  man,  who,  if 
they  cannot  agree,  shall  choose  an  umpire,  all  of  whom  shall, 
under  oath  or  affirmation,  fairly  and  impartially  estimate  the 
same,  and  such  award  shall  be  final  and  conclusive  ;  but  if  the 
owner  or  owners  of  such  land,  out  of  which  the  said  materials 
shall  be  designed  to  be  taken,  shall  be  a  femme  couverte,  non 
compos  mentis,  out  of  the  State  or  unknown,  the  court  of  com- 
mon pleas  of  the  proper  county  shall,  in  writing,  appoint  three 
impartial  men,  who,  on  oath  or  affirmation,  shall  fairly  and 
impartially  estimate  the  same  materials,  the  amount  of  which 
said  valuation  shall  be  paid  or  tendered  to  the  owner  or 
owners  thereof,  if  within  the  State  and  known,  before  they  are 
removed  or  applied  to  the  construction  of  the  said  railroad. 

SEC.  6.  That  the  proprietor  or  proprietors  of  the  said  rail- 
road, on  the  completion  of  the  same,  shall  file  in  the  court  of 
common  pleas  a  full  statement  and  account  of  all  the  expenses 
incurred  in  the  formation  and  completion  of  the  said  road, 
under  the  oath  or  affirmation  of  some  one  or  more  who  shall 
have  had  knowledge  of  the  same,  within  three  months  after 
the  same  shall  be  completed  and  put  in  use,  under  the  penalty 
of  one  hundred  dollars,  to  the  end  that  the  said  road,  and  the 
privileges  appurtenant  thereto,  may  be  resumed  by  this  Com- 
monwealth whenever  the  legislature  shall  enact  the  payment 
to  the  proprietors  of  such  railroad,  their  heirs  and  assigns,  of 
the  principal  money  expended  in  the  construction  of  the  same. 

SEC.  7.  That  the  said  railroad  shall  and  may  be  used  by  any 
person  or  persons  transporting  anything  thereon,  in  such  cars, 
wagons,  and  vehicles  as  are  adapted  to  and  used  thereon  by 
the  proprietor  or  proprietors  of  the  said  railroad  or  their 
agents,  and  no  other,  he  or  they  using  the  same  paying  four 


8 

cents  per  mile  on  each  and  every  ton  weight  of  the  article 
transported  thereon ;  and  on  all  single  articles  weighing  less 
than  a  ton,  it  shall  be  lawful  to  charge  and  receive  an  advance 
not  exceeding  twenty  per  cent,  on  the  rate  as  above  estab- 
lished. 

SEC.  8.  That  the  said  railroad  shall  be  so  constructed  as  not 
to  obstruct  or  impede  the  free  use  and  passage  of  any  public 
road  or  roads  which  may  cross  or  enter  the  same,  being  now 
laid  out  or  hereafter  to  be  laid  out ;  and  in  all  places  where  the 
said  railroad  may  cross  or  in  any  manner  interfere  with  any 
public  road,  the  proprietors  of  the  said  railroad  shall  make,  or 
cause  to  be  made,  a  good  and  sufficient  bridge  or  bridges, 
causeway  or  causeways,  to  enable  all  persons  passing  or  travel- 
ing such  public  road  to  cross  and  pass  over  said  railroad;  and 
if  the  proprietor  or  proprietors  of  said  railroad  shall  refuse  or 
neglect  to  make  such  bridge  or  bridges,  causeway  or  cause- 
ways, or  when  made  to  keep  the  same  in  good  repair,  they 
shall  be  liable  to  pay  a  penalty  of  ten  dollars  for  every  day  the 
same  shall  be  so  neglected,  or  refused  to  be  made  or  repaired, 
to  be  recovered  by  the  supervisor  of  the  township,  with  costs, 
for  the  use  of  the  township,  as  debts  of  like  amount  are  by 
law  recoverable,  and  the  service  of  process  on  any  one  of  the 
proprietors  of  the  said  railroad  shall  be  as  good  and  effectual 
as  if  made  on  all  of  them. 

SEC.  9.  That  for  the  accommodation  of  all  persons  owning 
or  possessing  land  through  which  the  said  railroad  may  pass, 
and  to  prevent  inconvenience  to  such  persons  in  crossing  or 
passing  over  the  same,  it  shall  be  the  duty  of  the  proprietors 
of  the  said  railroad,  if  required,  to  make,  or  cause  to  be  made, 
a  good  and  sufficient  bridge  or  bridges,  causeway  or  cause- 
ways, whenever  the  same  may  be  necessary  to  enable  the 
occupant  or  occupants  of  said  land  to  cross  or  pass  over  the 
same  with  wagons,  carts,  and  implements  of  husbandry,  as 
occasion  may  require :  Provided,  That  the  proprietors  of  the 
said  railroad  shall  in  no  case  be  required  to  make,  or  cause  to 
be  made,  more  than  two  such  causeways  through  each  planta- 
tion or  lot  of  land,  for  the  accommodation  of  any  one  person 
owning  or  possessing  land  through  which  the  said  railroad 
shall  pass:  and  where  any  public  road  shall  cross  the  said 


railroad,  the  person  owning  or  possessing  land  through  which 
the  said  railroad  shall  pass  shall  not  be  entitled  to  make  such 
requisition  on  the  proprietors  of  the  said  railroad ;  and  the 
said  bridge  or  bridges,  causeway  or  causeways,  when  so  made, 
shall  be  maintained  and  kept  in  repair  by  the  proprietor  or 
proprietors  of  the  said  railroad;  and  if  they  shall  refuse  or 
neglect  to  make  such  bridge  or  bridges,  causeway  or  cause- 
ways, or  when  made  to  keep  the  same  in  good  repair,  the  said 
proprietors  shall  be  liable  to  pay  any  person  aggrieved  thereby 
all  damages  sustained  by  such  person  or  persons,  in  conse- 
quence of  such  neglect  or  refusal,  to  be  sued  for  and  recovered 
before  any  magistrate  or  court  having  cognizance  thereof,  and 
the  service  of  process  on  any  one  of  the  proprietors  of  the 
said  railroad  shall  be  as  good  and  effectual  as  if  made  on  all 
of  them. 

SEC.  10.  That  no  suit  or  action  shall  be  brought  or  prose- 
cuted by  any  person  or  persons,  for  any  penalties  incurred 
under  this  act,  unless  such  suit  or  action  shall  be  commenced 
within  twelve  months  after  the  offense  committed  or  the  cause 
of  action  shall  have  accrued;  and  the  defendant  or  defendants 
in  such  suit  or  action  may  plead  the  general  issue,  and  give 
this  act  and  the  special  matter  in  evidence,  and  that  the  same 
was  done  in  pursuance  and  by  authority  of  this  act. 

SEC.  II.  That  if  any  person  or  persons  shall  willfully  and 
knowingly  break,  injure,  or  destroy  the  said  railroad,  or  any 
part  thereof,  or  any  work  or  device,  or  any  part  thereof,  to  be 
erected  by  the  proprietors  of  the  said  railroad,  or  shall  will- 
fully place  any  obstruction  in  and  upon  the  said  railroad,  he 
or  they  so  offending  shall  forfeit  and  pay  to  the  proprietor  or 
proprietors  of  the  said  railroad  three  times  the  actual  damages 
so  sustained,  to  be  sued  for  and  recovered  with  costs  of  suit, 
before  any  justice  of  the  peace  or  court  having  cognizance 
thereof,  by  action  of  debt,  in  the  name  and  for  the  use  of  the 
proprietor  or  proprietors  of  the  said  railroad. 

SEC.  12.  That  the  provisions  of  this  act  shall  extend  to  the 
counties  of  Lycoming,  Luzerne,  Schuylkill,  and  Northumber- 
land only :  Provided,  That  if  any  lateral  railroad  so  constructed 
as  aforesaid,  shall  be  disused  or  suffered  to  remain  out  of  re- 
pair for  the  space  of  two  years,  all  right  of  way  or  other 


10 

privilege  therein  shall  cease  and  revert  to  the  original  owners 
of  the  land,  their  heirs  and  assigns. 

SEC.  13.  That  the  legislature  reserve  the  right  to  repeal  or 
alter  this  act,  either  in  whole  or  in  part,  as  may  respect  any 
railroad  constructed  under  the  provisions  of  this  act. 

(Limitation  to  counties  repealed  nth  April,  1848.) 


A  SUPPLEMENT  TO  AN  ACT  PASSED  THE  22d  MARCH,  1817, 
ENTITLED  "AN  ACT  RELATIVE  TO  SUITS  BROUGHT  BY 
OR  AGAINST  CORPORATIONS." 

Approved  i6th  March,  1833.     (P.  L.,  1832-3,  pages  j8  and  79.) 

SECTION  i.  That  the  service  of  any  civil  process  upon  the 
toll-gatherer  of  any  corporation,  in  the  proper  county,  and 
next  to  the  place  where  the  damage  or  damages  shall  have 
been  committed,  shall  be  held  as  good  and  valid  in  law  as  if 
served  on  the  president  or  other  principal  officer,  or  the 
cashier,  treasurer,  secretary,  or  chief  clerk  of  the  corporation, 
as  aforesaid;  and  upon  such  service  the  like  proceedings  shall 
be  had  as  is  directed  by  the  aforesaid  act,  to  which  this  is  a 
supplement:  Provided,  That  where  a  suit  shall  be  commenced 
and  the  process  served  on  the  toll-gatherer,  it  shall  be  the 
duty  of  the  plaintiff,  his  agent  or  attorney,  to  cause  reason- 
able notice  to  be  given  to  some  one  of  the  officers  of  the  com- 
pany aforesaid  of  the  commencement  of  any  such  suit  before 
trial  and  final  judgment. 


AN  ACT  RELATIVE  TO  SUITS  BROUGHT  BY  AND  AGAINST 
CANAL  AND  RAILROAD  COMPANIES. 

Approved  1 4th  April,  1834.     (P.  L,,  1833-4,  pages  395  and 396.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  either  party, 
in  any  suit  or  action  now  pending  or  that  may  hereafter  be 
brought  in  any  of  the  courts  of  this  Commonwealth,  by  or 


II 

against  any  canal  or  railroad  company,  to  remove  the  same 
into  the  court  of  any  other  adjacent  county  through  which 
the  canal  or  railroad  of  such  company  is  not  located,  which 
suits,  so  removed,  shall  be  proceeded  in  by  the  proper  court, 
in  like  manner,  and  subject  to  like  rules  and  proceedings  as  if 
it  had  remained  in  the  court  in  which  it  was  originally  com- 
menced, and  upon  final  judgment,  tcstatem  executions  may 
issue  as  in  other  cases :  Provided,  That  the  party  so  removing 
shall  first  take  and  subscribe  an  oath  or  affirmation,  to  be  filed 
of  record  with  the  cause,  that  such  removal  is  not  made  for 
the  purpose  of  delay,  but  because  he  firmly  believes  a  fair 
and  impartial  trial  cannot  be  had  in  the  county  through  which 
such  canal  or  railroad  may  pass:  And  provided  further,  That 
the  provisions  of  this  act  shall  not  be  so  construed  as  to 
interfere  with  the  existing  laws  relative  to  the  assessment  of 
damages  to  property,  occasioned  by  the  construction  of  such 
canals  or  railroads,  nor  with  the  right  and  privilege  heretofore 
granted  to  any  canal  or  railroad  company,  to  have  suits  against 
them  tried  in  any  particular  county  or  counties. 


AN  ACT  RELATING  TO  INSPECTIONS. 

Approved  i$th  April,  1835.     (P.  L.,  1834-5, page  399.) 

SECTION  41.  Every  person  who  shall  unload  or  discharge 
any  flour,  corn,  or  meal  designed  for  exportation  at  any  land- 
ing-place or  other  place,  shall  cause  the  same  forthwith  to  be 
put  in  a  store,  or  under  a  shelter  sufficient  to  keep  it  dry. 

SEC.  42.  If  the  carrier  of  any  flour,  corn,  or  meal,  designed 
for  exportation,  shall  cause  or  suffer  the  same  to  be  wet  or  to 
take  damage  for  want  of  due  care,  or  for  want  of  sufficient 
shelter  or  covering  as  before  required,  such  carrier  shall  for- 
feit and  pay  to  the  owner  thereof  twenty-five  cents  for  every 
cask  of  flour,  cornmeal,  bread,  and  biscuit,  over  and  above 
the  damage  actually  sustained. 


12 

AN  ACT  FOR  THE  PREVENTION  OF  INJURIES  TO  INDK 
VIDUALS  BY  THE  GROSS  NEGLIGENCE  OR  WILLFUL 
MISCONDUCT  OF  STAGE-DRIVERS  AND  OTHERS. 

Approved  ist  April,  1836.     (P.  L.,  1835-6,  page  427.} 

SECTION  I.  That  from  and  after  the  first  day  of  July  next, 
if  any  person  within  this  Commonwealth  shall  become  injured, 
either  in  person  or  property,  through  or  by  reason  of  the 
gross  negligence  or  willful  misconduct  of  the  driver  of  any 
public  stage,  mail-coach,  coachee,  carriage,  or  car  employed 
in  the  conveyance  of  passengers,  or  through  or  by  reason  of 
the  gross  negligence  or  willful  misconduct  of  any  engineer  or 
conductor  of  any  locomotive-engine  engaged  in  the  transpor- 
tation of  passengers,  or  of  goods,  wares,  merchandise,  or 
produce  of  any  description,  such  driver,  engineer,  or  con- 
ductor shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  for  every  such  offense  be  punished 
by  a  fine  not  exceeding  fifty  dollars,  and  imprisonment  in  the 
jail  of  the  county  wherein  such  offense  shall  have  been  com- 
mitted for  any  length  of  time  not  exceeding  six  months,  at 
the  discretion  of  the  court:  Provided,  That  the  provisions  of 
this  act  shall  not  interfere  with  the  civil  remedies  against  the 
proprietors  or  others  to  which  the  party  injured  may  by  law 
be  now  entitled. 

(Repealed  and  supplied  3 ist  March,  1860.) 


AN  ACT  RELATING  TO  ROADS,  HIGHWAYS,  AND  BRIDGES. 

Approved  i^th  June,  1836.     (P.  L.,  1835-6,  pages  565  and  j66.) 

SECTION  74.  If  any  person  shall  willfully  set  fire  to  any 
wooden  bridge  within  this  Commonwealth,  with  intent  to 
destroy  the  same,  or  shall  be  accessory  thereto  before  the 
fact,  such  person  shall,  for  every  such  offence,  be  liable  to 
indictment,  and  to  the  punishment  provided  by  law  in  cases 
of  arson,  and  also  shall  forfeit  and  pay  a  sum  not  more  than 
two  thousand  dollars,  at  the  discretion  of  the  court  having 
cognizance  of  such  offence,  for  the  use  of  the  county,  town- 
ship or  townships,  corporations,  or  persons  aggrieved. 

(Repealed  and  supplied  3 1st  March,  1860.) 


13 

AN  ACT  RELATING  TO  THE  COMMENCEMENT  OF  ACTIONS. 

Approved  ijth  fane,  1836.     (P.  L.,  1835-6,  pages  579  and 580.) 

SECTION  41.  Every  corporation,  aggregate  or  sole,  shall  be 
amenable  to  answer  upon  a  writ  of  summons  as  aforesaid,  and 
in  the  case  of  a  corporation  aggregate,  except  counties  and 
townships,  service  thereof  shall  be  deemed  sufficient,  if  made 
upon  the  president  or  other  principal  officer,  or  on  the  cashier, 
treasurer,  secretary,  or  chief  clerk  of  such  corporation,  in  the 
manner  hereinbefore  provided. 

SEC.  42.  In  actions  for  damages,  occasioned  by  a  trespass  or 
injury  done  by  a  corporation,  if  the  officers  aforesaid  of  such 
corporation,  or  any  of  them,  shall  not  reside  in  the  county  in 
which  such  trespass  or  injury  shall  be  committed,  it  shall  be 
lawful  to  serve  the  summons  upon  any  officer  or  agent  of  the 
corporation,  at  any  office  or  place  of  business  of  the  corpora- 
tion within  the  county;  or  if  there  be  no  such  office  or  place 
of  business,  it  shall  be  lawful  to  serve  the  summons  upon  the 
president  or  other  principal  officer,  cashier,  treasurer,  secre- 
tary, or  chief  clerk,  in  any  county  or  place  where  they  may  be 
found. 


AN  ACT  RELATING  TO  EXECUTIONS. 

Approved  idth  Jime,  1836.     (P.  Z,.,  1835-6,  pages  77^  and  775".) 

SECTION  72.  All  executions  which  shall  be  issued  from  any 
court  of  record,  against  any  corporation,  not  being  a  county, 
township,  or  other  public  corporate  body,  shall  command  the 
sheriff,  or  other  officer,  to  levy  the  sum  recovered,  together 
with  the  costs  of  suit,  of  the  goods  and  chattels,  lands  and 
tenements  of  such  corporation,  and  such  execution  shall  be 
executed  in  the  manner  following,  to  wit: — 

I.  The  officer  charged  with  the  execution  of  such  writ  shall 
go  to  the  banking-houses,  or  other  principal  office  of  such 
corporation,  during  the  usual  office  hours,  and  demand  of  the 
president  or  other  chief  officer,  cashier,  treasurer,  secretary, 
chief  clerk,  or  other  officer  having  charge  of  such  office,  the 
amount  of  such  execution,  with  legal  costs. 


14 

II.  If  no  person  can  be  found  on  whom  demand  can  be 
made,  as  aforesaid,  or  if  the  amount  of  such  execution  be  not 
forthwith  paid,  in  lawful  money,  after  demand  as  aforesaid, 
such  officer  shall  seize  personal  property  of  said  corporation, 
sufficient  to  satisfy  the  debt,  interest,  and  costs,  as  aforesaid. 

III.  If  the  corporation  against  which  such  execution  shall 
be  issued  be  a  banking  company,  and  other  sufficient  personal 
property  cannot  be  found,  such  officer  shall  take  so  much  of 
any  current  coin,  of  gold,  silver,  or  copper,  which  he  may 
find,  as  shall  be  sufficient  to  satisfy  the  debt,  interest,  and  costs 
as  aforesaid. 

IV.  If  no  sufficient  personal  property  be  found,  as  aforesaid, 
such  officer  shall  levy  such  execution   upon  the  real  estate 
of  such  corporation,  and  thereupon  proceed  in  the  manner 
provided  in  other  cases  for  the  sale  of  land  upon  execution. 

SEC.  73.  In  every  case  in  which  judgment  shall  have  been 
obtained  against  such  corporation,  except  as  aforesaid,  and  an 
execution  issued  thereon  shall  have  been  returned  unsatisfied, 
in  part  or  in  whole,  it  shall  be  lawful  for  the  court  in  which 
such  judgment  shall  have  been  obtained,  upon  the  bill  or 
petition  of  the  plaintiff  in  such  judgment,  to  award  a  writ  to 
sequester  the  goods,  chattels,  and  credits,  rents,  issues,  and 
profits,  tolls  and  receipts,  from  any  road,  canal,  bridge,  or 
other  work,  property,  or  estate  of  such  corporation. 

SEC.  ,74.  The  court  shall,  upon  the  awarding  any  such  writ, 
appoint  a  sequestrator  to  execute  the  same  and  to  take  charge 
of  the  property  and  funds  taken  or  received  by  virtue  of 
such  writ,  and  to  distribute  the  net  proceeds  thereof  among 
all  the  creditors  of  such  corporation,  according  to  the  rules 
established  in  the  case  of  the  insolvency  of  individuals,  and 
such  sequestrator  shall  have  all  the  powers  and  be  subject  to 
all  the  duties  of  trustees  appointed  under  the  law  relating  to 
insolvent  debtors :  Provided,  That  in  the  case  of  any  work  in 
the  maintenance  or  repair  of  which  the  public  may  be  inter- 
ested, and  which  may  from  time  to  time  require  a  portion  of 
the  revenue  thereof,  as  aforesaid,  to  be  expended  thereon,  the 
court  which  awards  such  writ  shall  make  such  allowances  for 
such  purpose,  and  otherwise  take  such  order  thereon  as  the 
public  good  shall  require. 


SEC.  75.  The  said  court  shall  have  power,  at  the  time  of 
awarding  any  such  writ,  or  afterwards,  to  make  such  orders 
and  decrees  as  may  be  necessary  to  carry  the  same  into 
full  and  complete  effect,  and  they  may  also  make  all  such 
other  orders  and  decrees  in  the  premises,  for  the  purpose  of 
giving  full  and  effectual  relief  to  all  the  creditors  of  such 
corporation,  as  shall  be  agreeable  to  equity,  and  they  may 
enforce  all  such  orders  against  all  persons  neglecting  or 
refusing  to  comply  therewith,  or  obstructing  the  execution 
thereof,  or  of  such  writ,  by  attachment  or  by  a  writ  or  writs 
to  the  sheriff  or  coroner,  in  aid  of  the  sequestrator,  or  other- 
wise, as  fully  as  a  court  of  chancery  might  do. 


AN  ACT  TO  AUTHORIZE  THE  AUDITOR-GENERAL  TO 
INSTITUTE  SUIT  FOR  THE  COLLECTION  OF  ANY  BAL- 
ANCE WHICH  MAY  BE  FOUND  DUE  FROM  LAWRENCE 
L.  MINOR,  LATE  CLERK  OF  THE  SENATE,  AND  FOR 
OTHER  PURPOSES. 

Approved  ijth  April,  1838.     (P.  L.,  1837-8,  page  396.} 

SECTION  5.  That  from  and  after  the  passage  of  this  act,  all 
and  every  suit  or  action  now  pending,  or  that  may  hereafter 
be  brought  by  or  against  any  canal  or  railroad  company,  in 
any  of  the  courts  of  this  Commonwealth,  and  which  now  are 
or  hereafter  shall  be  removed  into  a  court  of  any  other  adja- 
cent county,  by  virtue  of  the  act  of  the  I4th  April,  1834, 
relative  to  suits  brought  by  and  against  canal  and  railroad 
companies,  the  costs  and  expenses  thereof  shall  be  borne  and 
paid  by  the  county  in  which  such  suit  or  action  was  brought ;  and 
that  in  all  cases  where  the  venire  of  any  suit  now  depending 
has  been  or  may  be  changed,  and  where  the  venire  of  any  suit 
hereafter  to  be  instituted  may  be  changed,  and  where  suits 
are  directed  to  be  brought  in  any  particular  county,  the  costs 
of  summoning  the  jury  and  the  pay  of  the  jurors  shall  be 
borne  by  the  county  in  which  the  cause  of  action  originated. 

SEC.  6.  It  shall  and  may  be  lawful  for  the  county  commis- 
sioners of  the  county  into  which  any  suit  or  action  now  is  or 
hereafter  may  be  removed,  by  virtue  of  the  above-recited  act, 


i6 

to  ask,  demand,  sue  for,  recover,  and  receive  of  the  commis- 
sioners of  the  county  from  which  the  same  may  or  shall  be 
removed,  all  the  costs  and  expenses  incurred  by  the  county  to 
which  the  same  may  have  been  removed  as  aforesaid. 


A  SUPPLEMENT  TO  THE  ACT  ENTITLED  "AN  ACT  TO 
INCORPORATE  THE  MIDDLEPORT  AND  PINE  CREEK 
RAILROAD  COMPANY,"  AND  FOR  OTHER  PURPOSES. 

Approved  i6th  April,  1838.     (P.  L.,  1837-8,  pages  462,  463,  and  464.} 

SECTION  5.  That  the  president  and  directors  of  Philadelphia, 
Wilmington  and  Baltimore  Railroad  Company,  and  the  presi- 
dent and  directors  of  any  other  railroad  company,  are  hereby 
authorized  and  empowered  to  unite  such  railroads  as  are 
constructed  and  terminate  in  the  county  of  Philadelphia,  the 
location  of  which  is  hereby  confirmed,  by  curves,  switch, 
turning-platforms,  or  otherwise,  so  as  to  form  a  continuous 
line  of  railroad  with  railroads  of  other  companies  in  this 
Commonwealth :  Provided,  That  each  company  is  entitled  to 
all  the  privileges  and  immunities  which  such  company  now 
possess,  have,  and  enjoy  under  their  respective  charters: 
Provided,  That  no  change  shall  be  made  in  the  location  of  the 
curves,  switches,  turning-platforms,  or  other  appurtenances  of 
said  railroads,  or  any  of  them,  within  the  county  of  Philadel- 
phia, without  the  consent  of  the  judges  of  the  Quarter  Sessions 
of  the  County  of  Philadelphia. 

SEC.  8.  That  if  any  person  shall  willfully  and  maliciously  set 
fire  to,  destroy,  or  injure  any  part  of  a  locomotive  or  stationary 
engine,  engine-house,  bridge,  culvert,  trestle-work,  or  other 
building  or  structure  belonging  or  appurtenant  to  any  rail- 
road constructed  or  located  by  this  Commonwealth,  or  by 
any  company  authorized  by  law  to  construct  a  railroad;  or 
shall  willfully  and  maliciously  obstruct  any  such  railway,  or 
do  any  damage  to  the  materials  or  any  part  thereof,  or  shall 
put  any  timber,  stone,  iron,  or  other  matter  thereon,  or  do  any 
other  act  in  relation  to  such  railroad,  whereby  the  lives  of 
persons  or  property  employed  or  transported  on  the  same 


shall  be  endangered,  such  person  or  persons  shall,  upon 
conviction  of  such  offense,  before  any  court  of  competent 
jurisdiction,  be  sentenced  to  pay  the  damages  caused  by  such 
offense,  and  to  be  imprisoned  in  the  jail  of  the  proper  county, 
or  in  one  of  the  penitentiaries  in  the  State,  for  any  term  not 
exceeding  five  years. 

(Section  eight  repealed  and  supplied  3ist  March,  1860.) 
SEC.  9.  That  if  any  person  shall  wantonly  derange  or  dis- 
place the  fixtures  or  machinery  of  any  locomotive  or  stationary 
engine  or  inclined  plane,  used  or  employed  on  any  railroad 
as  aforesaid,  or  shall  put  in  motion  any  machine,  engine,  car, 
or  other  vehicle,  upon  or  belonging  to  any  such  railroad, 
without  the  consent  of  the  person  having  the  charge  of  the 
same,  or  shall  destroy  or  injure  any  fence  or  wall  or  cross- 
road passing  over  or  under  such  railroad,  such  person  or 
persons  shall  forfeit  any  sum  not  exceeding  one  hundred 
dollars,  and  pay  all  damages  caused  by  such  offense;  such 
person  or  persons  may  also  be  prosecuted  criminally,  and  on 
conviction  of  the  said  offenses,  or  either  of  them,  be  sentenced 
to  imprisonment,  not  exceeding  twelve  months,  in  the  jail  of 
the  proper  county. 

(Section  nine  repealed  and  supplied  3ist  March,  1860.) 
SEC.  10.  That  if  any  person  shall  willfully  and  wantonly,  with- 
out the  consent  of  the  person  having  charge  of  any  such  railroad, 
lead,  drive,  or  cause  to  be  led  or  driven,  any  horse,  mule,  ox, 
sheep,  swine,  or  other  cattle  on  such  railroad,  or  upon  the 
banks  or  sideways  thereof,  or  haul  any  other  vehicle  than 
railroad  cars  upon  any  such  railroad,  except  at  places  con- 
structed for  crossing  the  same,  or  use  any  animal  or  vehicle 
on  such  railroad,  contrary  to  the  regulations  of  the  canal 
commissioners,  or  of  the  board  of  managers  or  directors,  as 
the  case  may  be,  such  person  or  persons  shall  forfeit  twenty- 
five  dollars,  and  pay  all  damages  arising  from  such  offense. 

SEC.  1 1.  No  person  shall  construct  any  building,  wharf,  plat- 
form, switch,  sideway,  lateral  railroad,  or  crossing-place,  or 
make  or  apply  any  device  whatever  on  the  ground  set  apart  for, 
or  belonging  to  or  forming  part  of,  or  on  the  banks  or  excava- 
tion of  any  railroad  as  aforesaid,  without  permission  given  under 
the  authority  of  the  canal  commissioners,  or  of  the  managers 


18 

of  the  proper  railroad  company,  as  the  case  may  be,  which 
permission  shall  only  be  given  in  writing,  by  a  person  duly 
authorized  for  that  purpose;  and  if  any  person  shall  commence 
or  make  any  such  construction  or  device  without  such  per- 
mission, or  shall  not  conform  to  the  direction  of  the  proper 
officer  or  agent  in  the  case,  in  the  construction  of  such 
building,  wharf,  platform,  switch,  sideway,  lateral  railroad, 
crossing-place,  or  device,  as  aforesaid,  such  person  shall,  for 
every  such  offense,  forfeit  and  pay  a  sum  not  exceeding  one 
hundred  dollars,  and  the  officer  or  agent  having  charge  of 
such  railroad  may,  at  the  expense  of  such  person,  remove 
and  destroy  every  such  structure  or  device  as  aforesaid: 
Provided,  That  nothing  in  this  act  shall  prevent  any  corpora- 
tion authorized  to  make  a  railroad,  or  individual  owning  land 
contiguous  to  a  railroad,  from  laying  rails  on  his  or  their  land 
and  connecting  the  same  with  such  railroad,  in  such  manner 
as  shall  be  directed  by  the  managers  thereof. 


RESOLUTION  RELATIVE  TO  CHANGING  THE  LOTS  AT- 
TACHED TO  CERTAIN  LOCK-HOUSES  ON  THE  JUNIATA 
DIVISION  OF  THE  PENNSYLVANIA  CANAL,  AND  RELA- 
TIVE TO  OTHER  PURPOSES. 

Approved  ijth  April,  1838.      (P.  L.,  1837-8,  pages  695  and  696.) 

Resolved,  That  all  companies  hereafter  incorporated  for  the 
construction  of  canals,  railroads,  or  other  works  of  internal 
improvement  in  the  State  of  Pennsylvania,  shall  cause  correct 
topographical  maps  to  be  made,  showing  accurately  the  loca- 
tion of  their  works,  together  with  accurate  profiles  of  the 
ground;  the  said  maps  and  profiles  shall  be  made  on  a  uniform 
scale,  to  be  designated  by  the  canal  commissioners,  and  shall 
be  deposited  in  the  office  of  the  said  commissioners,  at  Harris- 
burg;  and  the  said  companies  shall  further  cause  a  complete 
and  correct  set  of  drawings  to  be  made,  exhibiting  the  plans, 
profiles,'  and  elevations  of  all  important  constructions  upon 
their  respective  works,  accompanied  by  the  proper  specifica- 
tions and  bills  of  materials  ;  the  plans  shall  be  of  uniform  size, 
and  bound  together  in  the  form  of  a  book,  which  shall  be 


19 

deposited  in  the  office  of  the  canal  commissioners,  and  that  the 
canal  commissioners  be  directed  to  request  all  canal  and  rail- 
road companies  heretofore  incorporated  to  furnish  and  deposit 
in  their  office,  as  far  as  practicable,  similar  maps,  profiles,  and 
drawings,  as  is  herein  provided  in  relation  to  companies  here- 
after to  be  incorporated. 


A  SUPPLEMENT  TO  THE  ACT  ENTITLED  "AN  ACT  REGU- 
LATING LATERAL  RAILROADS." 

Approved  28th  March,  1840.      (P.  L.,  1839-40,  pages  196  and  197.) 

SECTION  i.  That  the  several  provisions  of  the  act  entitled 
"An  act  regulating  lateral  railroads,"  passed  May  5th,  Anno 
Domini  one  thousand  eight  hundred  and  thirty-two,  shall  ex- 
tend to  the  counties  of  Northampton,  Lehigh,  and  Cambria ; 
also,  to  the  owner  or  owners  of  land,  mills,  quarries,  coal  or 
other  mines,  lime-kilns  or  other  real  estate  in  the  vicinity  of 
any  railroad,  canal,  or  slackwater  navigation  made  or  to  be 
made  hereafter  by  any  company,  individuals,  or  by  the  State 
of  Pennsylvania :  Provided,  That  if  the  parties  interested  cannot 
agree  upon  the  mode,  manner,  or  point  of  connection  with  such 
railroad,  canal,  or  slackwater  navigation,  the  same  shall  be 
determined  by  the  jury  to  be  appointed  by  virtue  of  the  pro- 
visions of  the  first  section  of  the  act  to  which  this  is  a  supple- 
ment. 

SEC.  2.  That  from  and  after  the  passage  of  this  act  it  shall 
and  may  be  lawful  for  any  person  or  persons,  company  or 
companies,  now  or  hereafter  to  be  incorporated  in  this  Common- 
wealth, to  construct  railroads  with  one  or  more  tracks,  under 
the  surface,  over  any  intermediate  lands,  not  exceeding  six 
miles  in  length,  to  or  from  any  coal  or  iron  or  other  mines, 
quarries,  lime-kilns,  or  other  real  estate,  and  connect  the  same 
with  any  railroad  or  railroads  belonging  to  any  individual  or 
individuals,  company  or  companies,  now  or  hereafter  to  be 
incorporated  in  this  State,  and  also  with  any  highway  or  public 
improvement:  Provided,  That  the  parties  interested  shall  in* 
cases  be  subject  to  the  same  proceedings  required  under 

*  "  Such"  evidently  being  omitted  from  original  act. 


2O 

the  act  of  May  5th,  Anno  Domini  one  thousand  eight  hundred 
and  thirty-two,  an  act  regulating  lateral  railroads :  Provided  fur- 
ther, That  if  the  parties  interested  cannot  agree  upon  the  mode, 
manner,  or  point  of  connection  with  such  railroad  or  railroads, 
the  same  shall  be  determined  by  the  jury  to  be  appointed  by 
virtue  of  the  provisions  of  the  first  section  of  the  act  last  afore- 
said: Provided,  That  so  much  of  the  act  to  which  this  is  a 
supplement  as  prohibits  a  writ  of  error  or  appeal  shall  be  and 
the  same  is  hereby  repealed. 

(Repealed  as  to  Cambria  county,  2ist  April,  1846.) 


AN  ACT  TO  REPEAL  PART  OF  AN  ACT  SUPPLEMENTARY 
TO  THE  ACT  ENTITLED  "AN  ACT  LIMITING  THE  TIME 
DURING  WHICH  JUDGMENTS  SHALL  BE  A  LIEN  ON  REAL 
ESTATE,  AND  SUITS  MAY  BE  BROUGHT  AGAINST  THE 
SURETIES  OF  PUBLIC  OFFICERS,"  AND  TO  RENDER  CER- 
TAIN APPEALS  FROM  AWARDS  OF  ARBITRATORS  VALID, 
AND  FOR  OTHER  PURPOSES. 

Approved  nth  February,  1841.      (P.  L.,  1841,  page  24.} 

SECTION  3.  That  so  much  of  the  act  entitled  "An  act  relative 
to  suits  brought  by  and  against  canal  and  railroad  companies," 
approved  the  fourteenth  day  of  April,  1834,  as  is  applicable 
to  actions  brought  on  contracts,  express  or  implied,  be  and 
the  same  is  hereby  repealed ;  and  all  such  actions  as  have  been 
removed  in  pursuance  of  such  act  and  still  pending  be  returned 
for  trial  to  the  court  in  which  they  were  respectively  com- 
menced. 


A  FURTHER  SUPPLEMENT    TO  THE  ACT  ENTITLED  "AN 
ACT  REGULATING  LATERAL  RAILROADS." 

Approved  1 2th  February,  1842.      (P.  L.t  1842,  page  18.} 

SECTION  i.  That  the  several  provisions  of  the  act  entitled 
"An  act  regulating  lateral  railroads,"  passed  May  5th,  Anno 
Domini  one  thousand  eight  hundred  and  thirty-two,  and  of 
the  several  supplements  thereunto,  shall  extend  to  the  counties 
of  Tioga  and  Columbia. 


21 

AN  ACT  AUTHORIZING  JOHN  PRALL  TO  SELL  AND  CON- 
VEY CERTAIN  REAL  ESTATE  IN  BUCKS  COUNTY. 

Approved  2ist  March,  1842.     (/».  L.,  1842, pages  145  and  146.) 

SECTION  8.  That  hereafter,  when  any  action  is  commenced 
by  any  person  or  persons,  or  bodies  corporate,  against  an  in- 
corporated railroad  or  canal  company,  in  any  county  in  which 
the  corporate  property  of  such  company  is  wholly  or  in  part 
situated,  it  shall  be  lawful,  if  the  president,  treasurer,  secretary, 
or  chief  clerk  of  such  corporation  does  not  reside  or  cannot  be 
found  in  such  county,  for  the  sheriff  or  other  officer  to  whom 
such  process  is  directed,  to  serve  the  same  on  any  manager  or 
director  of  such  company,  being  in  such  county,  and  the  ser- 
vice so  made  shall  be  deemed  sufficient,  and  in  case  no  director 
or  manager  can  be  found  in  the  county,  it  shall  be  lawful  for 
such  officer  to  go  into  an  adjoining  county  to  serve  the  process 
as  hereinbefore  stated. 


AN  ACT  TO  AUTHORIZE  THE  COURT  OF  COMMON  PLEAS 
OF  LUZERNE  COUNTY  TO  APPOINT  AUDITORS  IN  CER- 
TAIN CASES,  AND  FOR  OTHER  PURPOSES. 

Approved  i6th  July,  1842.     (P.  L.,  1842,  page 395.) 

SECTION  13.  That  in  all  cases  for  the  assessment  of  damages 
caused  by  the  construction  of  canals  or  railroads  by  incorpo- 
rated companies  in  this  Commonwealth,  if  the  viewers  or  a 
jury  shall  find  for  the  plaintiff  any  sum  of  damages,  such 
award  or  verdict,  on  the  rendition  of  judgment,  shall  carry 
costs,  unless  there  may  be  some  provision  in  the  act  incorpo- 
rating such  company  to  the  contrary. 


AN  ACT  TO  INCORPORATE  THE  LIBERTY  FIRE  COMPANY, 
OF  HOLMESBURG,  IN  THE  COUNTY  OF  PHILADELPHIA. 

Approved  26th  July,  1842.     (P.  L.,  1842,  page  434.} 

SECTION  n.  That  whenever  any  railroad  or  canal  company 
has  borrowed  money,  and  given  to  the  lender  thereof  a  bond 


22 


or  other  evidence  of  indebtedness  in  a  larger  sum  than  the 
amount  actually  received,  such  transactions  shall  not  be 
deemed  usurious,  or  in  violation  of  any  law  of  this  Common- 
wealth prohibiting  the  taking  of  more  than  six  per  cent,  interest 


AN  ACT  ANNEXING  THE  COUNTY  OF  SCHUYLKILL  TO 
THE  EASTERN  DISTRICT  OF  THE  SUPREME  COURT, 
AND  FOR  OTHER  PURPOSES. 

Approved  2d  August,  1842.     (P.  L.,  1842,  page  459.} 

SECTION  3.  That  the  Select  and  Common  Councils  of  the 
City  of  Philadelphia  be  and  they  are  hereby  authorized  and 
empowered  to  pass  ordinances  to  require  the  owners  or  agents 
of  cars  traveling  on  the  railroads  in  Broad,  High,  Third,  and 
Dock  streets,  in  the  city  of  Philadelphia,  to  deliver  a  certificate 
of  the  contents  of  each  car  and  the  number  of  passengers  con- 
veyed therein  and  of  the  distance  they  have  been  conveyed 
on  said  railroads,  and  to  require  the  owners  or  agents  of  such 
cars  to  pay  toll  for  the  same  :  Provided,  That  the  toll  charged 
shall  be  the  same  toll  as  may  be  charged  on  the  Pennsylvania 
Railroad  (and  that  all  distances  under  half  a  mile  shall  be 
charged  as  half  a  mile,  and  all  distances  over  half  a  mile  and 
under  one  mile  shall  be  charged  as  one  mile). 

SEC.  4.  That  it  shall  be  lawful  for  the  mayor,  aldermen,  and 
citizens  of  Philadelphia,  to  provide  for  the  punishment  of  any 
person  or  persons  who  shall  refuse  or  omit  to  comply  with  the 
provisions  of  the  ordinances  which  may  be  enacted  by  virtue 
of  this  act,  by  imposing  a  fine,  to  be  recovered  in  the  same 
manner  as  penalties  for  the  violation  of  the  ordinances  of  the 
city  of  Philadelphia  are  now  by  law  recoverable. 

(Mileage  changed  I3th  May,  1856,  to  actual  distance.) 


RESOLUTION  TO  PROTECT  LABORERS  AND  CONTRACTORS, 

Approved  21  st  January,  1843.     (P.  L.,  1843,  page 36"].} 

Resolved,  That  from  and  after  the  passage  of  this  resolution, 
it  shall  not  be  lawful  for  any  company  incorporated  by  the 


23 

laws  of  this  Commonwealth,  and  empowered  to  construct, 
make,  and  .manage  any  railroad,  canal,  or  other  public  inter- 
nal improvement,  while  the  debts  and  liabilities,  or  any  part 
thereof  incurred  by  the  said  company  to  contractors,  laborers, 
and  workmen  employed  in  the  construction  or  repairs  of  said 
improvement  remain  unpaid,  to  execute  a  general  or  partial 
assignment,  conveyance,  mortgage,  or  other  transfer,  of  the 
real  or  personal  estate  of  the  said  company,  so  as  to  defeat, 
postpone,  endanger,  or  delay  their  said  creditors,  without  the 
written  assent  of  the  said  creditors  first  had  and  obtained ;  and 
any  such  assignment,  conveyance,  mortgage,  or  transfer  shall 
be  deemed  fraudulent,  null,  and  void,  as  against  any  such  con- 
tractors, laborers,  and  workmen,  creditors  as  aforesaid. 


AN.  ACT  TO  CONFER  UPON  THE  ORPHANS'  COURT  OF 
LANCASTER  COUNTY  CERTAIN  POWERS  IN  RELATION 
TO  THE  REAL  ESTATE  OF  JOHN  LINDEMUTH,  DECEASED, 
AND  FOR  OTHER  PURPOSES. 

Approved  4th  April,  1843.     (P.  L.,  1843,  page  132.} 

SECTION  3.  That  the  several  courts  of  quarter  sessions  of 
this  Commonwealth  are  hereby  empowered,  on  petition  of  the 
parties  in  interest,  to  change  the  corporate  name,  style,  and 
title  of  any  corporation  within  their  respective  counties. 

(Repealed  2Oth  April,  1869,  and  common  pleas  authorized.) 


AN  ACT  TO  INCORPORATE  THE  BUTLER  COUNTY  MUTUAL 
INSURANCE  COMPANY,  AND  FOR  OTHER  PURPOSES. 

Approved  24th  April,  1843.     (P.  L.,  1843,  pages 361  and 362.} 

SECTION  10.  That  when  the  owners  of  any  railroad,  consti- 
tuted under  an  act  of  this  Commonwealth,  possess  the  landing 
at  the  termination  of  the  said  railroad,  where  it  joins  any  canal 
or  other  navigation,  and. any  lateral  railroad  shall  be  con- 
structed to  connect  with  said  railroad  for  the  purpose  of  con- 
veying any  mineral  or  other  productions  to  the  said  navigation, 


24 

and  the  owners  of  the  said  landing  shall  refuse  to  permit  the 
trade  of  the  said  lateral  railroads  to  make  use  of  the  said 
landing,  upon  the  payment  of  a  suitable  compensation,  it  shall 
be  the  duty  of  the  court  of  common  pleas  of  the  proper  county, 
upon  application  of  the  party  aggrieved,  to  direct  the  sheriff 
to  summon  a  jury  of  five  disinterested  men  from  the  proper 
county,  who,  being  duly  sworn  or  affirmed,  shall  examine  the 
premises,  and  if  they  shall  find  that  the  landings  are  of  suffi- 
cient capacity  to  accommodate  the  trade  of  the  lateral  railroad, 
in  addition  to  the  trade  of  the  main  railroad,  they  shall  mark 
off  a  portion  of  the  land  to  be  allotted  thereto,  and  fix  upon  a 
compensation  suitable  therefor,  either  in  fee  simple  or  as  an 
annual  rent,  or  a  price  per  ton  for  the  use  of  the  same,  and 
shall  make  return  thereof  to  the  court,  who  shall  thereupon, 
if  the  report  be  approved  by  them,  direct  the  said  landing  to 
be  opened  to  the  use  of  the  public,  upon  the  payment  of  the 
price  assessed  by  the  said  jury, — an  appeal  to  the  superior  [court] 
being  allowed  as  in  other  cases  ;  and  the  jury  shall  be  allowed 
the  same  compensation  as  jury  upon  county  roads,  to  be  paid 
by  the  party  applying  for  the  landing. 


AN  ACT  FURTHER  TO  REGULATE  PROCEEDINGS  IN 
COURTS  OF  JUSTICE,  AND  FOR  OTHER  PURPOSES. 

Approved  6th  May,  1844.     (P.  L.,  1844,  page  565.} 

SECTION  5.  That  in  all  cases  where  acts  creating  railroad  or 
canal  companies,  security  to  the  owners  of  lands  through 
which  any  canals  and  railroads  may  pass  is  required  to  be 
given,  and  approved  by  any  of  the  courts  in  the  counties 
where  such  lands  lie, — said  security  may  be  given  and  approved 
of  by  any  two  of  the  judges  of  said  courts  during  vacation  : 
Provided,  That  at  least  five  days'  notice  shall  first  be  given  to 
the  owners  of  such  lands,  or  their  known  agent  or  attorney,  of 
the  time  and  place  of  offering  such  security,  and  the  names  of 
the  sureties  to  be  offered. 


25 

AN  ACT  FIXING  THE  CONSTRUCTION  OF  CERTAIN  ACTS 
OF  ASSEMBLY  IN  RELATION  TO  THE  RIGHTS  OF  PRI- 
VATE PROPERTY. 

Approved  loth  March,  1845.     (P.  L.,  1845,  page  126.} 

SECTION  i.  That  the  fourth  section  of  the  seventh  article  of 
the  Constitution  of  Pennsylvania,  which  directs  that  the  legis- 
lature shall  not  invest  any  corporate  body  or  individual  with 
the  privilege  of  taking  private  property  for  public  use,  without 
requiring  such  corporation  or  individual  to  make  compensa- 
tion to  the  owners  of  said  property,  or  give  adequate  security 
therefor  before  such  property  shall  be  taken,  shall  be  deemed 
to  apply  to  all  acts  of  assembly  passed,  or  that  may  be  passed 
during  the  present  session  of  the  legislature,  as  fully  and  effectu- 
ally as  if  the  same  were  incorporated  in  said  act. 


AN  ACT  CONCERNING  BAIL  AND  ATTACHMENTS. 

Approved  2Oth  March,  1843.     (P.  Z,.,  1845,  page  188.) 

SECTION  i.  That  in  lieu  of  the  bail  heretofore  required  by 
law,  in  the  cases  herein  mentioned,  the  bail  in  cases  of  appeal 
from  the  judgments  of  aldermen  and  justices  of  the  peace, 
and  from  the  awards  of  arbitrators,  shall  be  bail  absolute,  in 
double  the  probable  amount  of  costs  accrued  and  likely  to 
accrue  in  such  cases,  with  one  or  more  sufficient  sureties, 
conditioned  for  the  payment  of  all  costs  accrued  or  that  may 
be  legally  recovered  in  such  cases  against  the  appellants. 


AN  ACT  CONCERNING  BAIL  AND  ATTACHMENTS. 

Approved  2Oth  March,  1845.     (P.  L.,  1845,  page  189.} 

SECTION  4.  That  so  much  of  the  act  of  assembly  passed 
sixteenth  day  of  June,  1836,  entitled  "An  act  relating  to 
executions,"  as  provides  for  the  levy  and  recovery  of  stock, 
deposits,  and  debts  due  to  defendants  by  process  of  attach- 
ment and  scire  facias,  is  hereby  extended  to  all  cases  of  attach- 
ments to  be  issued  upon  judgments  against  corporations 


26 

(other  than  municipal  corporations),  and  from  and  after  the 
passage  of  this  act  all  such  process  which  hereafter  may  be 
issued  may  be  proceeded  in  to  final  judgment  and  execution, 
in  the  same  manner  and  under  the  same  rules  and  regulations 
as  are  directed  against  corporations  by  the  provisions  of  the 
act  of  1 6th  June,  1836,  relating  to  executions;  and  that  so 
much  of  the  thirty-sixth  section  of  the  act  of  i6th  June,  1836, 
as  requires  service  of  the  attachment  on  any  defendant,  be 
and  the  same  is  hereby  repealed,  except  where  the  defendant 
is  a  resident  of  the  county  in  which  the  attachment  issued. 


AN  ACT  RELATIVE  TO  THE  OBSTRUCTING  OF  THE  CROSS- 
INGS OF  PUBLIC  ROADS  BY  LOCOMOTIVES  AND  CARS. 

Approved  2oth  March,  1845.     (P.  L.,  1845,  pages  iqi  and  192?) 

SECTION  i.  That  it  shall  not  be  lawful  for  any  railroad  com- 
pany to  block  up  the  passage  of  any  crossings  of  public  streets 
or  roads,  or  obstruct  the  said  crossings  with  their  locomotives 
or  cars ;  and  if  any  engineer  or  other  agent  of  any  such  rail- 
road company  shall  obstruct  or  block  up  such  crossings,  he 
or  they  shall  be  subject  to  a  penalty  of  twenty-five  dollars,  to 
be  recovered  with  costs,  in  the  name  of  the  Commonwealth  of 
Pennsylvania,  before  a  justice  of  the  peace;  one-half  of  such 
penalty  shall  be  paid  to  the  informer  or  informers,  and  the 
remaining  half  shall  be  paid  into  the  treasury  of  the  Common- 
wealth :  Provided,  That  in  the  event  of  the  said  engineer  or 
agent  being  unable  to  pay  the  said  penalty,  then  and  in  that 
case  the  said  railroad  company  employing  the  said  engineer 
or  agent  shall  pay  the  penalty  aforesaid. 


AN  ACT  TO  RELIEVE  CANAL  AND  RAILROAD  COMPANIES 
FROM  PENALTIES  FOR  NOT  PERFORMING  CERTAIN 
ACTS  ON  THE  SABBATH  DAY. 

Approved  nth  April,  1845.      (P.  L.,  1845,  page  364.} 

SECTION  i.  That  no  part  of  any  act  of  assembly  heretofore 
passed  shall  be  construed  to  require   any  canal  or  railroad 


27 

company  to  attend  their  works  on  the  Sabbath  days,  for  the 
purpose  of  expediting  or  aiding  the  passage  of  any  boat,  craft, 
or  vehicle  along  the  same;  any  clause  or  clauses  in  their 
respective  charters,  imposing  a  penalty  for  not  aiding  boats, 
crafts,  or  vehicles  to  pass  within  a  certain  time,  to  the  con- 
trary notwithstanding. 


AN  ACT  TO  INCREASE  THE  REVENUES  AND  DIMINISH  THE 
LEGISLATIVE  EXPENSES  OF  THE  COMMONWEALTH. 

Approved  i6th  April,  1845.     (P.  L.,  1845,  page  535.) 

SECTION  12.  That  hereafter  it  shall  be  lawful  to  commence 
and  prosecute  to  final  judgment  and  execution,  in  the  Court 
of  Common  Pleas  of  Dauphin  county,  suits  against  any  and 
all  persons  who  are  or  may  hereafter  be  officers  of  any 
description  whatsoever  within  this  Commonwealth,  appointed 
by  the  governor  or  by  the  board  of  canal  commissioners  or 
elected  by  either  house  of  the  legislature  or  by  both  houses 
in  joint  ballot,  and  who  shall  become  defaulters  in  not  paying 
over  or  accounting  for  money  in  their  hands  due  and  belong- 
ing to  the  Commonwealth,  and  against  their  sureties,  in  the 
same  manner  and  with  like  effect  as  if  the  said  defaulting 
persons  and  officers  and  their  sureties  were  residents  of  the 
said  county  of  Dauphin;  and  for  this  purpose,  all  necessary 
writs  of  summons,  writs  of  fieri  facias,  writs  of  fieri  facias 
with  clause  of  attachment,  to  attach  debts  owing  and  stocks, 
as  practiced  in  other  cases,  and  writs  of  venditioni  exponas, 
and  alias  and  pluries  writs  of  the  same  kind,  may  issue  from 
the  said  court  into  any  county,  and  at  the  same  time,  if 
deemed  necessary,  into  the  several  counties  of  this  Common- 
wealth, there  to  be  transmitted  by  mail  to  the  sheriff  or 
coroner,  as  the  case  may  require,  whose  duty  it  shall  be  to 
execute  the  same,  and  make  return  thereof  in  the  same 
manner  as  is  now  practiced  in  relation  to  testatum  writs. 


28 

AN  ACT  FIXING  THE  CONSTRUCTION  OF  CERTAIN  ACTS 
OF  ASSEMBLY  IN  RELATION  TO  THE  RIGHTS  OF  PRI- 
VATE PROPERTY. 

Approved  2oth  April,  1846.      (P.  L.,  1846,  page  407.} 

SECTION  i.  That  the  fourth  section  of  the  seventh  article 
of  the  Constitution  of  Pennsylvania,  which  directs  that  the 
legislature  shall  not  invest  any  corporate  body  or  individual 
with  the  privilege  of  taking  private  property  for  public  uses, 
without  requiring  such  corporation  or  individual  to  make 
compensation  to  the  owners  of  said  property,  or  give  adequate 
security  therefor,  before  such  property  shall  be  taken,  shall 
be  deemed  to  apply  to  all  acts  of  assembly  passed,  or  that 
may  be  passed,  during  the  present  session  of  the  legislature, 
as  fully  and  effectually  as  if  the  same  were  incorporated  in 
said  act. 


A  SUPPLEMENT  TO  THE    LAW  RELATING  TO  DEFAULT- 
ING PUBLIC  OFFICERS. 

Approved  21  st  April,  1846.     (P.  L.,  1846,  page  414.} 

SECTION  4.  That  in  all  suits  hereafter  brought  in  any  court, 
under  the  provisions  of  this  act,  or  the  act  to  which  this  is 
supplementary,  the  attorney  officiating  for  the  Commonwealth 
shall  file  a  declaration  along  with  the  prczcipe,  and  judgments 
shall  be  entered  therein,  and  the  sums  be  liquidated  by  the 
respective  prothonotaries,  as  aforesaid,  immediately  after  thirty 
days  from  the  return  of  the  writ  in  each  case,  unless  before 
that  time  the  defendants  shall  have  filed  an  affidavit  of 
defense  and  shall  have  put  the  cause  to  issue,  as  is  directed 
in  the  second  section  of  this  act  in  suits  heretofore  brought ; 
and  all  causes  so  put  to  issue  shall  be  put  down  for  trial  at 
the  next  succeeding  court  of  common  pleas  in  each  county, 
and  shall,  until  the  same  are  tried  or  ended,  be  placed  on  the 
trial  list,  and  have  the  preference  over  all  other  causes. 


29 

A  SUPPLEMENT    TO    THE   ACT    ENTITLED    "AN    ACT  RE- 
LATING TO    ROADS,  HIGHWAYS,  AND  BRIDGES." 

Approved  2ist  April,  1846.      (P.  L.,  1846,  page  417.} 

SECTION  3.  That  the  act  of  the  5th  of  May,  1832,  entitled 
"An  act  regulating  lateral  railroads,"  and  the  supplement 
thereto  of  March  28th,  1840,  be  and  the  same  is  hereby 
repealed,  so  far  as  they  relate  to  the  county  of  Cambria. 


AN  ACT  RELATING  TO  ARBITRATIONS. 

Approved  24th  February,  1847.     (f-  £•>  I847*Pa£e  I53-} 

WHEREAS,  Great  inconvenience  and  embarrassment  are  often 
experienced  in  the  trial  of  suits  between  contractors  and 
laborers  and  workmen  employed  in  the  construction  or 
repairs  of  railroads  and  canals,  by  companies  incorporated  by 
the  laws  of  this  Commonwealth  and  empowered  to  construct 
such  railroads  and  canals,  and  such  incorporated  companies, 
by  reason  of  the  want  of  power  in  arbitrators  in  actions 
depending  before  them,  to  compel  the  production  of  books 
and  papers  which  contain  evidence  pertinent  to  the  issue; 
therefore, 

SECTION  I.  That  from  and  after  the  passing  of  this  act, 
arbitrators  shall  have  power  in  any  action  depending  before 
them,  between  any  contractors,  laborers,  or  workmen,  and  any 
company  incorporated  by  the  laws  of  this  Commonwealth, 
and  empowered  to  construct,  make,  and  manage  any  railroad, 
canal,  or  other  public  internal  improvement,  to  require  either 
party  to  produce  any  books  or  writing,  in  their  possession  or 
power,  which  contain  evidence  pertinent  to  the  issue;  and  if 
such  party  shall  fail  to  produce  such  books  or  writings,  or  to 
satisfy  said  arbitrators  why  the  same  is  not  in  their  power  so 
to  do,  it  shall  be  lawful  for  the  said  arbitrators  to  find  an  award 
against  such  party,  if  plaintiff,  of  no  cause  of  action ;  if 
defendant,  for  such  sum  as  the  plaintiff,  his  agent  or  attorney, 
shall  make  oath  or  affirmation  is  justly  due,  according  to  the 
best  of  his  knowledge  and  belief:  Provided,  That  before  such 


30 

requirement  shall  be  made  by  such  arbitrators,  it  shall  be 
proved  to  their  satisfaction,  on  oath  or  affirmation,  that  clear 
and  distinct  notice  in  writing  shall  have  been  given  to  pro- 
duce such  books  or  writings  at  least  ten  days  previous  thereto. 


AN  ACT  REQUIRING  BANKS  AND  OTHER  CORPORATIONS 
TO  GIVE  NOTICE  OF  UNCLAIMED  DIVIDENDS,  DEPOSITS, 
AND  BALANCES  IN  CERTAIN  CASES. 

Approved  6th  March,  1847.     (P.  L.,  1847,  pages  222  and  223.) 

SECTION  i.  That  each  of  the  banks,  savings  institutions, 
loan  companies,  and  insurance  companies,  and  each  and  every 
other  of  the  companies,  institutions,  or  associations  incor- 
porated by  or  under  any  law  of  this  Commonwealth,  and 
legally  authorized  to  declare  and  make  dividends  of  profits 
amongst  the  stockholders  thereof,  shall,  in  the  month  of 
December  of  the  present  year,  and  annually  thereafter,  cause 
to  be  published,  for  four  successive  weeks,  in  one  or  more 
public  newspapers  having  the  largest  circulation,  printed  in 
the  city  or  county  in  which  such  bank,  savings  institution, 
loan  company,  insurance  company,  or  other  company,  institu- 
tion, or  association  may  be  located,  or  in  which  its  principal 
office  or  place  of  business  may  be  situated,  a  true  and  accurate 
statement,  verified  by  the  oath  or  affirmation  of  the  cashier  or 
treasurer  thereof,  of  all  dividends  or  profits  declared  on  its 
capital  stock,  which,  at  the  date  of  such  settlement,  shall  have 
remained  unclaimed  by  the  person,  copartnership,  or  corpora- 
tion authorized  to  receive  the  same  for  the  period  of  three 
years  then  next  preceding;  which  said  statement  shall  set 
forth  the  names,  and  if  known,  the  residence  and  business  of 
the  persons,  copartnerships,  or  corporations  in  whose  favor 
said  dividends  or  profits  may  have  been  declared,  the  amount 
of  such  dividends  or  profits  and  the  number  of  shares  in  the 
capital  stock  upon  which  the  same  had  accrued. 

SEC.  2.  That  each  of  the  said  banks,  savings  institutions, 
and  loan  companies,  and  each  and  every  saving  fund  society, 
insurance,  or  trust  company,  or  other  company,  institution,  or 


association,  incorporated  as  aforesaid  and  legally  authorized 
to  receive  deposits  of  money,  shall,  in  the  said  month  of 
December  of  the  present  year,  and  annually  thereafter,  cause 
to  be  published  in  like  manner  and  for  the  same  period,  a 
statement,  verified  as  aforesaid,  of  the  names,  and,  if  known, 
the  residence  and  business  of  all  persons,  copartnerships,  or 
corporations  who  have  made  deposits  therein,  or  have  balances 
due  them,  and  who  have  not,  within  the  three  years  then  next 
preceding  the  date  of  said  statement,  either  increased  or 
diminished  the  amount  of  such  deposits  or  balances,  or  re- 
ceived any  interest  thereon,  with  the  dates  when  such  deposits 
were  made  or  balances  accrued,  the  amount  thereof,  and  the 
amount  of  interest,  if  any,  accruing  thereon. 

SEC.  3.  If  any  such  bank,  savings  institution,  loan  company, 
insurance  company,  or  other  banking  institution  or  associa- 
tion, incorporated  as  aforesaid,  shall  neglect  or  refuse  to  pub- 
lish the  statement  hereinbefore  required  to  be  published,  the 
same,  and  the  cashier  or  treasurer  thereof,  in  his  individual 
capacity,  shall  be  liable  to  the  party  in  whose  name  such 
unclaimed  dividend,  profit,  deposit,  or  balance  may  stand,  or 
to  his,  her,  or  their  legal  representatives  for  the  amount  there- 
of, with  interest  thereon,  at  the  rate  of  twelve  per  cent,  per 
annum  from  the  date  of  such  dividend,  profit,  deposit,  or 
balance  until  paid,  recoverable  by  action  of  debt,  as  in  other 
cases:  Provided,  That  nothing  herein  contained  shall  be  so 
construed  as  to  require  the  publication  of  any  such  unclaimed 
dividends  or  profits  amounting  to  less  than  five  dollars,  nor 
such  unclaimed  deposits  or  balances  amounting  to  less  than 
ten  dollars. 

SEC.  4.  That  at  the  expiration  of  three  years  after  the  first 
publication  of  any  particular  dividend  or  profits,  balance  or 
deposit,  with  the  interest  that  has  accrued  thereon,  as  provided 
for  by  the  first  and  second  sections  of  this  act,  such  dividend 
or  profit,  balance  or  deposit,  with  the  interest  that  has  accrued, 
if  not  demanded  within  that  time  by  the  rightful  owner  or 
owners  thereof,  or  their  legal  representatives,  shall  escheat  to 
the  Commonwealth,  and  shall  be  paid  into  the  treasury  there- 
of, without  discount  or  deduction  for  commissions,  fees,  or 
expenses  of  any  description,  by  the  cashier,  treasurer,  or  other 


32 

proper  officer  of  said  bank,  savings  institution,  loan  company 
insurance  company,  saving  fund  society,  or  other  company, 
institution,  or  association  in  which  such  dividend  or  profit, 
balance  or  deposit,  shall  have  remained  without  being  de- 
manded, as  aforesaid,  or  without  being  increased  or  diminished 
for  the  length  of  time  aforesaid;  and  the  said  bank,  savings 
institution,  loan  company,  insurance  company,  saving  fund 
society,  or  other  company,  institution,  or  association,  as  the 
case  may  be,  shall  thereupon  be  discharged  from  any  obliga- 
tion or  liability  to  pay  over  such  dividend  or  profit,  balance 
or  deposit,  or  interest  thereon,  to  the  owner  or  owners  thereof; 
that  the  said  owner  or  owners,  or  their  legal  representatives, 
upon  application  to  the  State  treasurer  for  the  time  being,  and 
producing  satisfactory  proof  to  that  officer  of  his,  her,  or  their 
right  to  such  dividend  or  profit,  balance  or  deposit,  with  the 
interest  thereon,  paid  into  the  treasury,  as  aforesaid,  or  any 
part  thereof,  shall  receive  from  the  Commonwealth  the  amount 
he,  she,  or  they  shall  be  found  legally  or  equitably  entitled  to : 
Provided,  That  the  expense  of  the  publication  or  publications 
required  by  this  act  shall  be  paid  out  of  such  dividend  or 
profit,  balance  or  deposit,  so  published. 


AN  ACT  RELATING  TO  CERTAIN  CORPORATIONS. 

Approved  i^th  March,  184.7.     (^  •£-•>  I847>Pages 333  an^ 334'} 

WHEREAS,  Certain  corporations  deriving  their  charter  from 
the  Commonwealth  of  Pennsylvania,  in  cases  where  a  majority 
of  the  board  of  managers  are  resident  out  of  the  State,  or 
the  chief  officer  for  the  transaction  of  the  business  of  such 
corporation  is  located  out  of  the  State,  have  it  in  their  power 
to  evade,  and  in  some  cases  have  evaded,  the  laws  of  this 
Commonwealth,  subjecting  the  stock  and  property  of  such 
corporations  to  taxation ;  and  to  escape  and  evade  their  amena- 
bility to  the  laws  of  this  Commonwealth,  for  misuser  or 
neglect  of  their  corporate  duties  and  liabilities,  and  other 
violations  of  th'e  provisions  of  their  charters ;  therefore, 


33 

SECTION  i.  That  it  shall  be  the  duty  of  any  and  every  railroad 
or  canal  company,  incorporated  by  this  Commonwealth,  whose 
works  and  property  are  principally  located  within  this  State, 
in  all  elections  for  president,  managers,  directors,  or  other 
officers  of  said  companies,  having  the  control  and  direction  of 
the  works  or  affairs  of  such  company,  held  at  any  time  after 
the  passage  of  this  act,  to  hold  their  elections  at  some  place, 
to  be  determined  upon  by  the  board  of  managers,  in  this  State, 
and  to  elect  a  majority  of  citizens,  resident  within  this  State, 
as  managers  or  directors  of  their  said  companies  respectively, 
of  which  majority  the  president  shall  in  all  cases  be  one;  and 
it  shall  be  the  duty  of  the  respective  boards  of  such  corpora- 
tions so  elected  to  establish  their  principal  office  for  the 
transaction  of  their  corporate  business  in  some  convenient 
place  within  this  State,  and  not  elsewhere,  within  one  month 
after  their  election  as  aforesaid ;  and  any  election  not  made  in 
conformity  to  the  directions  of  this  act  shall  be  void. 

SEC.  2.  That  upon  the  failure  of  any  company,  incorporated 
and  situated  as  aforesaid,  to  elect  officers  in  accordance  with 
the  provisions  of  this"  act,  and  to  establish  their  office  as  herein 
directed,  it  shall  be  the  duty  of  the  governor  to  nominate  to 
the  canal  commissioners  seven  persons,  stockholders  of  such 
company,  resident  within  this  State,  fitted  to  conduct  the  affairs 
of  the  said  company  failing  as  aforesaid;  and  if  the  said  com- 
missioners shall  approve  of  the  persons  so  named,  they  shall 
confirm  their  appointment  as  directors  of  such  company;  and 
if  any  of  the  persons  so  nominated  shall  not  be  approved  by 
the  said  commissioners,  others  shall  be  nominated  in  such  case 
by  the  governor  aforesaid,  till  the  required  number  shall  be 
approved;  and  the  like  course  shall  be  pursued  if  any  stock- 
holder so  appointed  shall  refuse  to  serve;  in  such  case  a 
proper  person,  not  a  stockholder,  may  be  nominated  and  ap- 
pointed as  aforesaid  in  his  place;  and  when  the  number  is 
complete  as  aforesaid,  the  directors  so  appointed  shall  elect 
one  of  their  number  president  of  the  board,  and  shall  also  elect 
a  treasurer  of  the  said  company;  and  it  shall  be  the  duty  of 
the  directors  aforesaid  to  take  charge  of  the  works  and  property, 
books,  papers,  and  documents  of  the  said  company,  and  con- 
duct the  business  thereof,  under  the  provisions,  regulations, 


34 

and  directions  of  the  charter  thereof,  and  with  the  same 
liabilities,  duties,  and  responsibilities  as  a  board  regularly 
elected  under  the  provisions  of  the  charter  would  be  liable  to 
do,  and  with  like  powers  and  authorities ;  and  the  said  directors 
shall  continue  to  hold  possession  of  the  works  of  said  com- 
pany, and  to  execute  their  duties  as  aforesaid,  until  a  board 
shall  be  regularly  elected  by  the  company,  in  accordance  with 
the  provisions  of  this  act;  and  upon  such  election,  the  said 
directors  appointed  as  aforesaid,  in  charge  of  the  works  as 
aforesaid,  shall  deliver  up  to  the  said  board  elected  as  aforesaid, 
within  one  month  after  they  shall,  by  resolution,  have  deter- 
mined to  comply  with  the  requirements  of  this  act,  a  copy  of 
which  resolution  shall  be  delivered  to  the  directors  aforesaid, 
all  and  singular  the  works,  property,  books,  papers,  arid 
documents  of  the  said  company,  or  having  any  connection 
therewith,  and  all  funds  not  necessarily  expended  in  the  dis- 
charge of  the  expenses  incident  to  the  conducting  of  the  affairs 
of  the  said  company,  and  in  payment  of  its  liabilities :  Provided, 
That  the  person  who  shall  act  as  treasurer  of  such  company 
shall  give  bond  with  security,  to  be  approved  by  the  court  of 
common  pleas  of  the  county  in  which  the  works  of  the  com- 
pany shall  be  principally  situated,  in  such  sum  as  the  said 
court  shall  direct;  and  shall  keep  books,  in  which  the  whole 
receipts  and  disbursements  of  the  company  shall  be  fully  set 
forth  and  exhibited. 


AN  ACT  IN  REFERENCE  TO    RUNNING  OF    LOCOMOTIVE- 
ENGINES  AND  CARS  ON  CONNECTING  RAILROADS. 

Approved  i^th  March,  1847.     (P.  L.,  1847,  Page337-} 

SECTION  I.  That  in  all  cases  where  two  railroads  in  this 
Commonwealth  are  or  shall  be  connected,  it  shall  be  lawful  for 
the  company  owning  either  of  the  said  railroads  (with  the  con- 
sent of  the  company  owning  the  other  of  the  said  railroads)  to 
run  its  cars  and  locomotive-engines  upon  the  said  other  railroad, 
and  to  erect  water-stations  and  other  buildings  for  the  due  ac- 
commodation of  the  cars  and  engines  employed  thereon: 


35 

Provided,  That  nothing  herein  contained  shall  be  construed  or 
interpreted  to  release  or  exonerate  any  company  owning  a 
railroad  from  the  obligation  and  duty  which  may  be  now 
imposed  by  existing  laws,  of  transporting,  subject  to  the  rules 
and  regulations  of  said  companies,  by  locomotive  steam- 
engines,  the  cars,  whether  loaded  or  empty,  of  all  persons  and 
companies  who  may  require  such  transportation  over  and 
along  so  much  and  such  parts  of  their  railroad  as  locomotive 
steam-engines  shall  be  run  upon,  whether  they  be  run  by  the 
company  owning  the  road  or  by  any  other  company. 


AN  ACT  TO  REQUIRE  CORPORATIONS  TO  GIVE  BAIL  IN 
CERTAIN  CASES,  AND  RELATIVE  TO  THE  COMMENCE- 
MENT OF  SUITS  AGAINST  FOREIGN  CORPORATIONS,  TO 
THE  ACCOUNTS  OF  JOHN  SLOAN,  LATE  TREASURER  OF 
LYCOMING  COUNTY,  AND  PITTSBURG  AND  CONNELLS- 
VILLE  RAILROAD  COMPANY. 

Approved  i$th  March,  1847.     (P.  L.,  1847, pages  j6f  and 362.) 

WHEREAS,  Doubts  have  arisen  in  regard  to  the  effect  of  the 
first  section  of  the  act  entitled  "An  act  concerning  bail  and 
attachments,  passed  2Oth  March,  1845,  and  as  to  the  bail  re- 
quired to  be  given  by  corporations  in  cases  of  appeal  and  writs 
of  error  since  the  passage  of  the  said  act;  therefore, 

SECTION  i.  That  from  and  after  the  passage  of  this  act,  when 
any  corporation  (municipal  corporations  excepted),  being  sued, 
shall  appeal  or  take  a  writ  of  error,  the  bail  requisite  in  that 
case  shall  be  taken  absolute,  for  the  payment  of  debt,  interest, 
and  costs  on  the  affirmance  of  the  judgment. 

SEC.  2.  That  in  all  cases  where  any  company  has  been  incor- 
porated by  this  Commonwealth,  and  the  principal  office  for  the 
transaction  of  business  thereof  shall  be  located  out  of  this 
State,  or  where  the  president,  treasurer,  cashier,  or  other  prin- 
cipal officer  of  such  company  shall  reside  out  of  this  State, 
it  shall  be  lawful  to  sue  such  company  in  any  county  of  this 
State  where  the  works  of  such  company  shall  be  located,  or 
adjoining  thereto,  or  where  any  director,  manager,  or  other 
officer  of  such  company  shall  reside;  and  service  of  legal 


36 

process  upon  such  director,  manager,  or  other  officer  shall  be 
valid  and  effective  upon  said  company,  and  such  company 
shall  be  taken,  both  in  law  and  in  equity,  for  every  purpose  of 
legal  proceeding,  to  be  located  in  this  State;  and  shall  also  be 
liable  to  the  writs  of  quo  warranto,  mandamus,  attachment, 
and  execution ;  and  service  of  such  writ  upon  any  manager, 
director,  or  other  officer  of  such  company  shall  be,  to  all 
intents  and  purposes,  as  effective  as  if  served  upon  the 
president  of  such  company,  and  he  resident  of  this  State,  and 
as  if  the  locality  of  such  company's  office  were  within  this 
State;  and  any  property  of  any  description  of  such  company, 
which  would  be  liable  to  attachment  or  execution,  if  the  same 
were  located  in  this  State,  shall  be  taken  to  be  in  this  State 
for  such  purpose ;  and  shall  be  liable  to  levy  and  sale,  in  the 
same  manner  as  if  the  officers  of  said  company  were  located 
in  the  county  of  this  State  in  which  the  same  is  made  liable 
to  be  sued  by  the  provisions  of  this  act. 


A  SUPPLEMENT  TO  THE  ACT  OF  5th  MAY,  1832,  ENTITLED 
"AN  ACT  REGULATING  LATERAL  RAILROADS." 

Approved  6th  January,  1848.     (P.  L.,  1848,  pages  i  and  2.) 

SECTION  I.  That  the  provisions  of  the  act  of  the  5th  of  May, 
1832,  entitled  "An  act  regulating  lateral  railroads,"  and  the 
supplement  thereto,  passed  twenty-eighth  day  of  March, 
1840,  be  and  the  same  is  hereby  extended  to  the  counties  of 
Dauphin,  Allegheny,  Bedford,  Blair,  and  Washington,  and 
shall  be  so  construed  as  to  authorize  the  construction  of  lateral 
railroads,  either  under  or  over  the  surface  of  any  intervening 
lands,  subject  to  the  restrictions  of  the  act  to  which  this  is  a 
supplement. 

SEC.  2.  The  rights  and  privileges  conferred  by  the  act  to 
which  this  is  a  supplement  are  hereby  extended  to  the  owner 
and  owners  of  coal  and  iron  mines,  situated  in  the  township  of 
Denison,  Luzerne  county,  more  than  six  miles  from  the  Lehigh 
navigation,  and  not  more  than  ten  miles  from  the  same. 


37 

SEC.  3.  The  rights  and  privileges  as  to  the  acquisition  of 
landings  and  wharves  conferred  by  the  tenth  section  of  the  act 
entitled  "An  act  to  incorporate  the  Butler  County  Mutual 
Insurance  Company,  and  for  other  purposes,"  passed  the 
twenty-fourth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  forty-three,  upon  certain  persons  therein  men- 
tioned or  described,  shall  be  extended  to  all  persons  proceeding 
to  procure  the  right  to  make  a  lateral  railroad  under  the 
authority  of  the  act  to  which  this  is  a  supplement,  so  that  they 
shall  be  enabled  to  procure  landings  or  wharves  for  a  compen- 
sation, of  the  owner  or  owners  of  land,  whether  said  owner 
or  owners  of  land  have  any  interest  in  any  railroad  or  not; 
and  the  powers  and  duties  conferred  upon  the  jury  authorized 
by  the  said  tenth  section  are  hereby  conferred  upon  the  viewers 
which  may  be  appointed  under  the  authority  of  said  act, 
to  which  this  is  a  supplement:  Provided,  That  no  landing, 
wharf  privilege,  or  franchise  shall  be  taken  from  the  owner 
thereof,  if  in  the  opinion  of  the  viewers  aforesaid  such  landing, 
wharf  privilege,  or  franchise  is  necessary  to  the  use  and  enjoy- 
ment of  the  owner  of  any  mill,  quarry,  lime-kiln,  coal-mine,  or 
other  real  estate  adjoining  any  navigable  stream  or  slackwater 
navigation. 


AN  ACT  FOR  THE  RELIEF  OF  WILLIAM  BURNS  AND 
OTHER  SOLDIERS  AND  WIDOWS  OF  SOLDIERS  OF  THE 
REVOLUTIONARY  AND  INDIAN  WARS,  AND  IN  REFER- 
ENCE TO  ACTS  OF  INCORPORATION  AND  SUPPLE. 
MENTS  THERETO,  PASSED  AT  THE  PRESENT  SESSION 
OF  THE  LEGISLATURE. 

Approved  nth  April,  1848.     (P.  L.,  1848,  page  509.) 

SECTION  7.  That  nothing  contained  in  any  act  passed  during 
the  present  session  incorporating  any  company  or  extending 
the  powers  of  any  incorporated  company,  shall  be  construed 
to  authorize  any  such  company  to  take  private  property  with- 
out making  compensation  therefor,  or  securing  it  agreeably  to 
the  provisions  of  the  Constitution ;  and  the  said  act  shall  be 
taken  and  construed  as  if  the  constitutional  provision  was 
expressly  inserted  therein. 


38 

AN  ACT  TO    AUTHORIZE    MARGARET    PARTHEMORE    *     * 
AND  RELATIVE  TO  LATERAL  RAILROADS,  &c. 

Approved  nth  April,  1848.     (P.  L.,  1848,  page  j"/<5.) 

SECTION  4.  That  so  much  of  the  twelfth  section  of  the  act 
regulating  lateral  railroads,  passed  the  fifth  day  of  May, 
1832,  as  limits  the  provisions  of  said  act  to  the  counties  of 
Lycoming,  Luzerne,  Schuylkill,  and  Northumberland,  be  and 
the  same  is  hereby  repealed ;  and  the  provisions  of  the  act 
aforesaid,  and  the  several  supplements  thereto,  be  and  the 
same  are  hereby  extended  throughout  the  Commonwealth,  as 
well  to  all  lands  lying  in  the  vicinity  of  any  navigable  river 
as  to  lands  lying  in  the  vicinity  of  any  railroad,  canal,  or 
slackwater  navigation. 


AN    ACT    REGULATING    RAILROAD    COMPANIES. 

Approved  iqth  February,  1849.     (P-  £•>  T^9,  Pa£e  79-) 


SECTION  i.  That  whenever  a  special  act  of  the  general 
assembly  shall  hereafter  be  passed,  authorizing  the  incorpora- 
tion of  a  company  for  the  construction  of  a  railroad  within 
this  Commonwealth,  the  commissioners  named  in  such  act,  or 
any  five  of  them,  shall  have  power  to  open  books  for  receiving 
subscriptions  to  the  capital  stock  of  such  company,  at  such 
time  or  times,  and  at  such  place  or  places,  as  they  may  deem 
expedient,  after  having  given  at  least  twenty  days'  notice  in  one 
or  more  newspapers  published  in  the  county  where  books  of 
subscription  are  to  be  opened  ;  and  at  the  times  and  places  so 
designated  and  named  in  the  public  notices  to  be  given,  as 
aforesaid,  the  said  commissioners,  or  any  two  of  them,  shall 
attend  and  furnish  to  all  persons  duly  qualified,  who  shall  offer 
to  subscribe,  an  opportunity  of  so  doing;  and  it  shall  be  lawful 
for  all  such  persons,  and  for  all  firms  and  copartnerships,  by 
themselves  or  by  persons  duly  authorized,  to  subscribe  for 
shares  in  said  stock;  and  the  said  books  shall  be  kept  open  at 
least  six  hours  in  every  day,  for  the  term  of  three  juridical 
days,  or  until  there  shall  have  been  subscribed  the  whole 


39 

number  of  shares  authorized  by  the  special  act ;  and  if,  at  the 
expiration  of  three  days,  the  books  aforesaid  shall  not  have 
the  number  of  shares  therein  subscribed,  the  said  commissioners 
may  adjourn  from  time  to  time,  and  to  such  places  as  they 
may  deem  proper,  until  the  whole  number  of  shares  authorized, 
as  aforesaid,  shall  be  subscribed ;  of  which  adjournment,  the 
commissioners  aforesaid  shall  give  such  public  notice  as  the 
occasion  may  require ;  and  when  the  whole  number  of  shares 
shall  be  subscribed  the  books  shall  be  closed:  Provided 
always,  That  no  subscription  for  such  stock  shall  be  valid 
unless  the  party  or  parties  making  the  same  shall,  at  the  time 
of  subscribing,  pay  to  the  said  commissioners  five  dollars  on 
each  and  every  share  subscribed,  for  the  use  of  the  company. 
SEC.  2.  That  when  ten  per  centum  on  the  capital  stock,  as 
provided  by  any  special  act  of  incorporation,  shall  have  been 
subscribed,  and  five  dollars  paid  on  each  and  every  share,  as 
aforesaid,  the  said  commissioners,  or  such  of  them  as  shall  have 
acted,  shall  certify  to  the  governor,  under  their  hands  and 
seals,  the  names  of  the  subscribers  and  the  number  of  shares 
subscribed  by  each,  and  that  five  dollars  on  each  share  have 
been  paid,  whereupon  the  governor  shall,  by  letters  patent, 
under  his  hand  and  the  seal  of  the  Commonwealth,  create  and 
constitute  the  subscribers,  and  if  the  subscription  be  not  full 
at  the  time,  those  who  shall  thereafter  subscribe  to  the  number 
of  shares  aforesaid,  their  successors  and  assigns,  into  a  body 
politic  and  corporate,  in  deed  and  in  law,  by  the  name,  style, 
and  title  designated  by  the  special  act  of  assembly ;  and  by 
the  said  name,  style,  and  title  the  said  subscribers  shall  have 
perpetual  succession,  with  all  the  privileges,  franchises,  and 
immunities  incident  to  a  corporation,  and  be  able  to  sue 
and  be  sued,  plead  and  be  impleaded,  in  all  courts  of  record 
and  elsewhere,  and  to  purchase,  receive,  have,  hold,  use,  and 
enjoy  to  them  and  their  successors,  goods,  chattels,  and  estate, 
real  and  personal,  of  what  kind  and  nature  soever,  and  the 
same  from  time  to  time  to  sell,  exchange,  mortgage,  grant, 
alien,  or  otherwise  dispose  of,  and  to  make  dividends  of  such 
portion  of  the  profits  as  they  may  deem  proper ;  and  also  to 
make  and  have  a  common  seal,  and  the  same  to  alter  and 
renew  at  pleasure,  and  also  to  ordain,  establish,  and  put  in 


40 

execution  such  by-laws,  ordinances,  and  regulations  as  shall 
appear  necessary  or  convenient  for  the  government  of  said 
corporation,  not  being  contrary  to  the  Constitution  and  laws 
of  the  United  States  or  of  this  Commonwealth,  and  generally 
to  do  all  and  singular  the  matters  and  things  which  to  them 
it  shall  lawfully  appertain  to  do  for  the  well-being  of  said 
corporation  and  the  due  ordering  and  management  of  the 
affairs  thereof:  Provided,  That  nothing  herein  contained  shall 
be  construed  as  in  any  way  giving  to  such  corporation  any 
banking  privileges  whatever,  or  any  other  liberties,  privileges, 
or  franchises  but  such  as  may  be  necessary  or  convenient  to 
the  procuring,  owning,  making,  maintaining,  regulating,  and 
using  the  railroad,  the  locomotives,  machinery,  cars,  and  other 
appendages  thereof,  and  the  conveyance  of  passengers,  the 
transportation  of  goods,  merchandise,  and  other  commodities 
thereon  :  And  provided  further,  That  such  company  shall  not 
purchase  or  hold  any  real  estate,  except  such  as  may  be 
necessary  or  convenient  for  the  making  and  constructing  of 
their  railroad,  or  for  the  furnishing  of  materials  therefor,  and 
for  the  accommodation  of  depots,  offices,  warehouses,  machine- 
shops,  toll-houses,  engine  and  water  stations,  and  other  appro- 
priate appurtenances,  and  for  the  persons  and  things  employed 
or  used  in  and  about  the  same. 

SEC.  3.  That  the  commissioners  named  as  aforesaid,  or  such 
of  them  as  shall  have  acted,  shall,  as  soon  as  conveniently 
may  be  after  the  said  letters  patent  shall  be  obtained,  appoint 
a  time  and  place  for  the  subscribers  to  meet  to  organize  the 
company,  and  shall  give  at  least  two  weeks'  notice  thereof  in 
the  manner  provided  for  in  the  first  section  of  this  act ;  and 
the  said  subscribers,  when  met,  shall  elect,  by  a  majority  of 
the  votes  present,  to  be  given  in  person  or  by  proxy,  a  presi- 
dent and  twelve  directors,  the  president  and  a  majority  of  whom 
shall  be  resident  citizens  of  this  Commonwealth,  and  shall  be 
owners,  respectively,  of  at  least  three  shares  in  the  stock  of  such 
company ;  and  the  said  president  and  directors  shall  conduct 
and  manage  the  affairs  and  business  of  said  company  until  the 
second  Monday  in  January  then  next  ensuing,  and  until  others 
are  chosen ;  and  may  make,  ordain,  and  establish  such  by-laws, 
rules,  orders,  and  regulations,  and  perform  such  other  matters 


41 

and  things  as  are  by  this  act  authorized :  Provided,  That  in 
case  of  the  resignation,  death,  or  removal  of  the  president,  the 
directors  shall,  by  a  majority  of  votes,  supply  the  vacancy 
until  the  next  annual  election. 

SEC.  4.  That  the  stockholders  of  such  company  shall  meet 
on  the  second  Monday  in  January  in  every  year,  at  such  place 
as  may  be  fixed  on  by  the  by-laws,  of  which  notice  shall  be 
given  at  least  two  weeks  previously  by  the  secretary,  in  the 
manner  before  mentioned,  and  choose,  by  a  majority  of  the 
votes  present,  a  president  and  twelve  directors,  qualified  as 
aforesaid,  for  the  ensuing  year,  who  shall  continue  in  office 
until  the  next  annual  election,  and  until  others  are  chosen ;  at 
which  annual  meeting  the  said  stockholders  shall  have  full 
power  and  authority  to  make,  alter,  or  repeal,  by  a  majority 
of  votes  given,  any  or  all  such  by-laws,  rules,  orders,  and 
regulations  as  aforesaid,  and  do  and  perform  every  other  cor- 
porate act  authorized  by  their  charter ;  the  stockholders  may 
meet  at  such  other  times  and  places  as  they  be  summoned  by 
the  president  and  directors,  in  such  manner  and  form,  and 
giving  such  notice  as  may  be  prescribed  by  the  by-laws ;  and 
the  president,  on  the  request  in  writing  of  any  number  of 
stockholders  representing  not  less  than  one-tenth  in  interest, 
shall  call  a  special  meeting,  giving  the  like  notice,  and  stating 
specifically  the  objects  of  the  meeting;  and  the  objects  stated 
in  such  notice,  and  no  other,  shall  be  acted  on  at  such  special 
meeting. 

SEC.  5.  The  elections  for  directors  provided  for  in  this  act 
shall  be  conducted  as  follows,  to  wit : — At  the  first  election  the 
commissioners  shall  appoint  three  stockholders  to  be  judges 
of  the  said  election,  and  to  hold  the  same ;  and  at  every  suc- 
ceeding election  the  directors  for  the  time  being  shall  appoint 
three  stockholders  for  the  like  purpose ;  and  the  persons  so 
appointed  by  said  commissioners  and  directors  shall  not  be 
eligible  to  an  election  as  a  director  at  said  election,  and  shall 
respectively  take  and  subscribe  an  oath  or  affirmation,  before 
an  alderman  or  justice  of  the  peace,  well  and  truly,  and 
according  to  law,  to  conduct  such  election  to  the  best  of  their 
knowledge  and  ability;  and  the  said  judges  shall  decide  upon 
the  qualifications  of  voters,  and  when  the  election  is  closed, 


42 

shall  count  the  votes  and  declare  who  have  been  elected;  and 
if,  at  any  time,  it  shall  happen  that  an  election  of  directors 
shall  not  be  made  at  the  time  specified,  the  corporation  shall 
not  for  that  reason  be  dissolved ;  but  it  shall  be  lawful  to  hold 
and  make  such  election  of  directors  on  any  day  within  three 
months  thereafter,  by  giving  at  least  ten  days'  previous  notice 
of  the  time  and  place  of  holding  said  election  in  the  manner 
aforesaid,  and  the  directors  of  the  preceding  year  shall  in  that 
case  continue  in  office,  and  be  invested  with  all  powers 
belonging  to  them  as  such  until  others  are  elected  in  their 
stead.  In  case  of  the  death  or  resignation  of  a  director,  or  a 
failure  to  elect  in  case  of  a  tie  vote,  the  vacancy  may  be  filled 
by  the  board  of  directors.  At  all  general  meetings  or  elections 
by  the  stockholders,  each  share  of  stock  shall  entitle  the 
holder  thereof  to  one  vote,  and  each  ballot  shall  have  endorsed 
thereon  the  number  of  shares  thereby  represented;  but  no 
share  or  shares  transferred  within  sixty  days  next  preceding 
any  election  or  general  meeting  of  the  stockholders  shall 
entitle  the  holder  or  holders  thereof  to  vote  at  any  such  elec- 
tion or  general  meeting,  nor  shall  any  proxy  be  received  or 
entitle  the  holder  to  vote,  unless  the  same  shall  bear  date  and 
have  been  duly  executed  within  the  three  months  next  pre- 
ceding such  election  or  general  meeting. 

SEC.  6.  That  the  president  and  directors  of  such  company 
for  the  time  being  are  hereby  authorized  and  empowered  to 
exercise  all  the  powers  granted  to  the  corporation ;  they  shall 
meet  at  such  times  and  places  as  shall  be  by  them  deemed 
most  convenient  for  the  transaction  of  their  business,  and 
when  met,  seven  shall  be  a  quorum  to  do  business;  the  presi- 
dent, if  present,  shall  preside  at  all  meetings  of  the  board,  and 
when  absent,  the  board  shall  appoint  a  president  pro  tern.; 
they  shall  keep  minutes  of  their  proceedings  fairly  entered  in 
a  suitable  book  to  be  kept  for  that  purpose ;  they  shall  choose 
a  secretary  and  treasurer,  and  may  appoint  or  employ  all  such 
officers,  engineers,  agents,  superintendents,  artisans,  workmen, 
or  other  persons,  as  in  their  opinion  may  be  necessary  or 
proper  in  the  management  of  the  affairs  and  business  of  said 
corporation  at  such  times,  in  such  manner,  and  under  such 
regulations  as  they  may  from  time  to  time  determine ;  they 


43 

shall  fix  the  amount  of  the  salaries  and  wages  of  such  officers 
and  persons  employed  by  them,  and  they  may  require  bond, 
with  security  in  such  amounts  as  they  may  deem  necessary, 
of  each  or  any  of  said  officers  or  other  persons  by  them 
appointed  or  employed,  for  the  faithful  discharge  of  their 
duties,  and  generally  to  do  all  such  other  acts,  matters,  and 
things  as  by  this  act  and  the  b'y-laws  and  regulations  of  the 
said  company  they  may  be  authorized  to  do. 

SEC.  7.  That  the  president  and  directors  of  such  company 
first  chosen  shall  procure  certificates  or  evidences  of  stock  for 
all  the  shares  of  such  company,  and  shall  deliver  one  or  more 
certificates  or  evidences,  signed  by  the  president,  countersigned 
by  the  treasurer,  and  sealed  with  the  common  seal  of  the  cor- 
poration, to  each  person  or  party  entitled  to  receive  the  same, 
according  to  the  number  of  shares  by  him,  her,  or  them  re- 
spectively subscribed  or  held ;  which  certificates  or  evidences 
of  stock  shall  be  transferable,  at  the  pleasure  of  the  holder,  in 
a  suitable  book  or  books  to  be  kept  by  the  company  for  that 
purpose,  in  person  or  by  attorney  duly  authorized,  in  the 
presence  of  the  president  or  treasurer,  subject,  however,  to 
all  payments  due  or  to  become  due  thereon;  and  the  assignee 
or  party  to  whom  the  same  shall  have  been  so  transferred  shall 
thereupon  be  a  member  of  said  corporation,  and  have  and  enjoy 
all  the  immunities,  privileges,  and  franchises,  and  be  subject  to 
all  the  liabilities,  conditions,  and  penalties  incident  thereto,  in 
the  same  manner  as  the  original  subscriber  would  have  been : 
Provided,  That  no  certificate  shall  be  transferred  so  long  as  the 
holder  thereof  is  indebted  to  said  company,  unless  the  board 
of  directors  shall  consent  thereto :  And  provided,  That  no 
such  transfer  of  stock  shall  have  the  effect  of  discharging  any 
liabilities  or  penalties  theretofore  incurred  by  the  owner 
thereof. 

SEC.  8.  The  capital  stock  of  such  company  shall  be  divided 
into  shares  of  fifty  dollars  each,  and  shall  be  called  in  and 
paid  at  such  times  and  places,  and  in  such  proportions  and 
installments,  not,  however,  exceeding  five  dollars  per  share  in 
any  period  of  thirty  days,  as  the  directors  shall  require,  of 
which  public  notice  shall  be  given  for  at  least  two  weeks  next 
preceding  the  time  or  times  appointed  for  that  purpose,  in  the 


44 

manner  above  mentioned;  and  if  any  stockholder  shall  neglec 
to  pay  such  proportion  or  installment  so  called  for  at  the  tim 
and  place  appointed,  he,  she,  or  they  shall  be  liable  to  pay,  i 
addition  to  the  proportion  or  installment  so  called  for,  at  th 
rate  of  one  per  cent,  per  month  for  the  delay  of  such  payment 
and  if  the  same  and  the  additional  penalty,  or  any  part  thereo 
shall  remain  unpaid  for  the  period  of  six  months,  he,  she,  o 
they  shall,  at  the  discretion  of  the  directors,  forfeit  to  th 
use  of  the  company  all  right,  title,  and  interest  in  and  to  ever 
and  all  share  or  shares,  on  account  of  which  such  default  i; 
payment  may  be  made  as  aforesaid,  or  the  directors  may,  a 
their  option,  cause  suit  to  be  brought  before  any  competen 
tribunal,  for  the  recovery  of  the  amount  due  on  such  shares 
together  with  the  penalty  of  one  per  cent,  per  month  as  afore 
said ;  and  in  the  event  of  a  forfeiture,  the  share  or  shares  s< 
forfeited  may  be  disposed  of  at  the  discretion  of  the  presiden 
and  directors,  under  such  rules  and  regulations  as  may  b< 
prescribed  by  the  by-laws. .  No  stockholder  shall  be  entitlec 
to  vote  at  any  election,  nor  at  any  general  or  special  meeting 
of  the  company,  on  whose  share  or  shares  any  installment  o 
arrearages  may  be  due  more  than  thirty  days  next  preceding 
said  election  or  meeting:  Provided,  That  no  forfeiture  of  stocl 
shall  release  or  discharge  the  owner  thereof  from  any  liabilitie 
or  penalties  incurred  prior  to  the  time  of  such  forfeiture. 

SEC.  9.  That  the  dividends  of  so  much  of  the  profits  of  sucl 
company  as  shall  appear  advisable  to  the  directors  shall  b< 
declared  in  the  months  of  July  and  January,  in  each  and  ever} 
year,  and  be  paid  to  the  stockholders  or  their  legal  represent 
atives,  on  application  at  the  office  of  such  company,  at  an} 
time  after  the  expiration  of  ten  days  from  the  time  of  declaring 
the  same ;  but  the  said  dividends  shall  in  no  case  exceed  th< 
amount  of  the  net  profits  actually  acquired  by  the  company 
so  that  the  capital  stock  shall  never  be  impaired  thereby ;  anc 
if  the  said  directors  shall  make  any  dividend  which  shal 
impair  the  capital  stock  of  the  company,  the  directors  con 
senting  thereto  shall  be  liable,  in  their  individual  capacities,  tc 
such  company  for  the  amount  of  the  capital  stock  so  divided 
recoverable  by  action  of  debt  as  in  other  cases ;  and  each 
director  present  when  such  dividend  shall  be  declared  shal 


45 

be  considered  as  consenting  thereto,  unless  he  forthwith  enter 
his  protest  on  the  minutes  of  the  board,  and  give  public  notice 
to  the  stockholders  of  the  declaring  of  such  dividend. 

SEC.  10.  That  the  president  and  directors  of  such  company 
shall  have  power  and  authority,  by  themselves,  their  engi- 
neers, superintendents,  agents,  artisans,  and  workmen,  to 
survey,  ascertain,  locate,  fix,  mark,  and  determine  such  route 
for  a  railroad  as  they  may  deem  expedient,  not,  however, 
passing  through  any  burying-ground  or  place  of  public  wor- 
ship, or  any  dwelling-house  in  the  occupancy  of  the  owner  or 
owners  thereof,  without  his,  her,  or  their  consent,  and  not, 
except  in  the  neighborhood  of  deep  cuttings  or  high  embank- 
ments or  places  selected  for  sidelings,  turnouts,  depots,  engine 
or  water  stations,  to  exceed  sixty  feet  in  width,  and  thereon 
to  lay  down,  erect,  construct,  and  establish  a  railroad,  with 
'one  or  more  tracks,  with  such  branches  or  lateral  roads  as 
may  be  specially  authorized,  and  with  such  bridges,  via- 
ducts, turnouts,  sidelings,  or  other  devices  as  they  may  deem 
necessary  or  useful  between  the  points  named  in  the  special 
act  incorporating  such  company,  commencing  at  or  within, 
and  extending  to  or  into  any  town,  city,  or  village  named  as 
the  place  of  beginning  or  terminus  of  such  road ;  and  in  like 
manner,  by  themselves,  or  other  person  by  them  appointed 
or  employed  as  aforesaid,  to  enter  upon  and  into  and  occupy 
all  land  on  which  the  said  railroad  or  depots,  warehouses, 
offices,  toll-houses,  engine  and  water  stations,  other  buildings 
or  appurtenances  hereinbefore  mentioned,  may  be  located,  or 
which  may  be  necessary  or  convenient  for  the  erection  of  the 
same,  or  for  any  purpose  necessary  or  useful  in  the  construc- 
tion, maintenance,  or  repairs  of  said  railroad,  and  therein  and 
thereon  to  dig,  excavate,  and  embank,  make,  grade,  and  lay 
down  and  construct  the  same ;  and  it  shall  in  like  manner  be 
lawful  for  such  company,  their  officers,  agents,  engineers, 
contractors,  or  workmen,  with  their  implements  and  beasts  of 
draught  or  burden,  to  enter  upon  any  lands  adjoining  or  in 
the  neighborhood  of  their  railroad  so  to  be  constructed,  and 
to  quarry,  dig,  cut,  take,  and  carry  away  therefrom  any  stone, 
gravel,  clay,  sand,  earth,  wood,  or  other  suitable  material 
necessary  or  proper  for  the  construction  of  any  bridges, 


46 

viaducts,  or  other  buildings  which  may  be  required  for  th< 
use,  maintenance,  or  repairs  of  said  railroad :  Provided,  Tha 
before  such  company  shall  enter  upon  or  take  possession  o 
any  such  lands  or  materials,  they  shall  make  ample  compen 
sation  to  the  owner  or  owners  thereof,  or  tender  adequate 
security  therefor :  Provided  further,  That  the  timber  used  ir 
the  construction  or  repair  of  said  railroad  shall  be  obtainec 
from  the  owner  thereof  only  by  agreement  or  purchase  :  Am 
provided  further,  That  whenever  any  company  shall  locate  it: 
road  in  and  upon  any  street  or  alley,  in  any  city  or  borough 
ample  compensation  shall  be  made  to  the  owners  of  lot 
fronting  upon  such  street  or  alley  for  any  damages  they  ma) 
sustain  by  reason  of  any  excavation  or  embankment  made  ir 
the  construction  of  such  road,  to  be  ascertained  as  othei 
damages  are  authorized  to  be  ascertained  by  this  act 

.SEC.  II.  That  when  the  said  company  cannot  agree  witt 
the  owner  or  owners  of  any  lands  or  materials  for  the  com- 
pensation proper  for  the  damage  done  or  likely  to  be  done  tc 
or  sustained  by  any  such  owner  or  owners  of  such  lands  01 
materials  which  such  company  may  enter  upon,  use,  or  take 
away,  in  pursuance  of  the  authority  hereinbefore  given,  or  by 
reason  of  the  absence  or  legal  incapacity  of  any  such  ownei 
or  owners,  no  such  compensation  can  be  agreed  upon,  the 
court  of  common  pleas  of  the  proper  county,  on  application 
thereto  by  petition,  either  by  said  company  or  owner  or 
owners,  or  any  one  in  behalf  of  either,  shall  appoint  seven 
discreet  and  disinterested  freeholders  of  said  county,  neither 
of  whom  shall  be  residents  or  owners  of  property  upon  or 
adjoining  the  line  of  such  railroad,  and  appoint  a  time,  not 
less  than  twenty  nor  more  than  thirty  days  thereafter,  for  said 
viewers  to  meet  at  or  upon  the  premises  where  the  damages 
are  alleged  to  be  sustained,  of  which  time  and  place  ten  days' 
notice  shall  be  given  by  the  petitioner  to  the  said  viewers  and 
the  other  party ;  and  the  said  viewers,  or  any  five  of  them, 
having  been  first  duly  sworn  or  affirmed  faithfully,  justly,  and 
impartially  to  decide,  and  true  report  to  make,  concerning  all 
matters  and  things  to  be  submitted  to  them,  and  in  relation 
to  which  they  are  authorized  to  inquire  in  pursuance  of  the 
provisions  of  this  act,  and  having  viewed  the  premises,  they 


47 

shall  estimate  and  determine  the  quantity,  quality,  and  value 
of  said  lands  so  taken  or  occupied,  or  to  be  so  taken  or  occu- 
pied, or  the  materials  so  used  or  taken  away,  as  the  case  may 
be,  and  having  due  regard  to  and  making  just  allowance  for 
the  advantages  which  may  have  resulted,  or  which  may  seem 
likely  to  result,  to  the  owner  or  owners  of  said  land  or  materials 
in  consequence  of  the  making  or  opening  of  said  railroad  and 
of  the  construction  of  works  connected  therewith  ;  and  after 
having  made  a  fair  and  just  comparison  of  said  advantages 
and  disadvantages,  they  shall  estimate  and  determine  whether 
any  and,  if  any,  what  amount  of  damages  has  been  or  may  be 
sustained,  and  to  whom  payable,  and  make  report  thereof  to 
the  said  court ;  and  if  any  damages  be  awarded,  and  the 
report  be  confirmed  by  the  said  court,  judgment  shall  be 
entered  thereon ;  and  if  the  amount  thereof  be  not  paid 
within  thirty  days  after  the  entry  of  such  judgment,  execu- 
tion may  then  issue  thereon,  as  in  other  cases  of  debt,  for  the 
sum  so  awarded,  and  the  cost  and  expenses  incurred  shall  be 
defrayed  by  the  said  railroad  company;  and  each  of  said 
viewers  shall  be  entitled  to  one  dollar  and  fifty  cents  per  day 
for  every  day  necessarily  employed  in  the  performance  of  the 
duties  herein  prescribed,  to  be  paid  by  such  railroad  company. 
SEC.  12.  That  whenever,  in  the  construction  of  such  road 
or  roads,  it  shall  be  necessary  to  cross  or  intersect  any  estab- 
lished road  or  way,  it  shall  be  the  duty  of  the  president  and 
directors  of  the  said  company  so  to  construct  the  said  road 
across  such  established  road  or  way  as  not  to  impede  the 
passage -or  transportation  of  persons  or  property  along  the 
same ;  and  that  for  the  accommodation  of  all  persons  owning 
or  possessing  land  through  which  the  said  railroad  may  pass, 
it  shall  be  the  duty  of  such  company  to  make  or  cause  to  be 
made  a  good  and  sufficient  causeway  or  causeways,  whenever 
the  same  may  be  necessary,  to  enable  the  occupant  or  occupants 
of  said  lands  to  cross  or  pass  over  the  same  with  wagons, 
carts,  and  implements  of  husbandry,  as  occasion  may  require; 
and  the  said  causeway  or  causeways,  when  so  made,  shall  be 
maintained  and  kept  in  good  repair  by  such  company;  and  if 
the  said  company  shall  neglect  or  refuse,  on  request,  to  make 
such  causeway  or  causeways,  or  when  made,  to  keep  the  same 


48 

in  good  order,  the  said  company  shall  be  liable  to  pay  an} 
person  aggrieved  thereby  all  damages  sustained  by  such  persoi 
in  consequence  of  such  neglect  or  refusal, — such  damages  t< 
be  assessed  and  ascertained  in  the  same  manner  as  provide* 
in  the  last  section  for  the  assessment  of  damages :  Provided 
That  the  said  company  shall  in  no  case  be  required  to  mak' 
or  cause  to  be  made  more  than  one  causeway  through  eacl 
plantation  or  lot  of  land,  for  the  accommodation  of  any  on< 
person  owning  or  possessing  land  through  which  the  saic 
railroad  may  pass;  and  where  any  public  road  shall  cross  sucl 
railroad,  the  person  owning  or  possessing  land  through  whicl 
the  said  public  road  may  pass  shall  not  be  entitled  to  requir< 
the  company  to  erect  or  keep  in  repair  any  causeway  or  bridg< 
for  the  accommodation  of  the  occupant  of  said  land. 

SEC.  13.  That  if  any  such  railroad  company  shall  find  i 
necessary  to  change  the  site  of  any  portion  of  any  turnpike 
or  public  road,  they  shall  cause  the  same  to  be  reconstructs 
forthwith  at  their  own  proper  expense,  on  the  most  favorable 
location,  and  in  as  perfect  a  manner  as  the  original  road :  Pro 
-vided,  That  the  damages  incurred  in  changing  the  location  o 
any  road  authorized  by  this  section  shall  be  ascertained  am 
paid  by  such  company  in  the  same  manner  as  is  provided  fo 
in  regard  to  the  location  and  construction  of  their  own  road. 

SEC.  14.  That  in  all  suits  or  actions  against  such  company 
the  service  of  process  on  the  president,  secretary,  treasurer 
engineer,  agent,  or  any  director  of  the  same,  shall  be  goo( 
and  available  in  law;  but  no  suit  or  action  shall  be  prosecutec 
by  any  person  or  persons,  for  any  penalties  incurred  unde 
this  act,  unless  such  suit  or  action  shall  be  commenced  withii 
two  years  next  after  the  offense  committed  or  cause  of  actioi 
accrued;  and  the  defendants  in  such  suit  or  action  may  pleac 
the  general  issue,  and  give  this  act  and  the  special  matter  ii 
evidence,  and  that  the  same  was  done  in  pursuance  and  b) 
authority  of  this  act. 

SEC.  15.  That  if  any  person  or  persons  shall  willfully  am 
knowingly  break,  injure,  or  destroy  any  railroad  authorizec 
by  special  act  of  assembly,  or  any  part  thereof,  or  any  edifice 
device,  property,  or  work,  or  any  part  thereof,  or  any  machinery 
engine,  car,  implement,  or  utensil  erected,  owned,  or  used  b) 


49 

such  company  in  pursuance  of  this  act,  he,  she,  or  they  so 
offending  shall  forfeit  and  pay  to  such  company  three  times 
the  actual  damage  so  sustained,  to  be  sued  for  and  recovered, 
with  full  costs,  before  any  tribunal  having  cognizance  thereof, 
by  action  in  the  name  and  for  the  use  of  the  company. 

SEC.  1 6.  That  if  any  person  or  persons  shall  willfully  and 
maliciously  remove  or  destroy  any  part  of  the  road,  property, 
buildings,  or  other  works  belonging  to  such  company,  or 
place,  designedly  and  with  evil  intent,  any  obstruction  on  the 
line  of  such  railroad  so  as  to  jeopard  the  safety  of  or  endanger 
the  lives  of  persons  traveling  on  or  over  the  same,  such  person 
or  persons  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  on  conviction,  be  imprisoned  in  the  county 
jail  or  penitentiary,  at  the  discretion  of  the  oourt,  for  a  term 
not  more  than  three  years :  Provided,  That  nothing  herein 
contained  shall  prevent  the  company  from  pursuing  any  other 
appropriate  remedy  at  law  in  such  cases. 

SEC.  17.  That  at  each  annual  meeting  of  the  stockholders 
of  any  such  company,  the  president  and  managers  of  the 
preceding  year  shall  exhibit  to  them  a  full  and  complete  state- 
ment of  the  affairs  and  proceedings  of  the  company  for  such 
year,  with  all  such  matters  as  shall  be  necessary  to  convey  to 
the  stockholders  a  full  knowledge  of  the  condition  and  affairs 
of  said  company;  and  the  said  president  and  directors  of 
every  such  company  shall,  whenever  required,  furnish  to  the 
legislature,  or  either  branch  thereof,  a  full  and  authentic  report 
of  their  affairs  and  transactions,  or  such  information  relating 
thereto  as  may  be  demanded  of  them. 

SEC.  1 8.  That  upon  the  completion  of  any  railroad  author- 
ized as  aforesaid,  the  same  shall  be  esteemed  a  public  highway 
for  the  conveyance  of  passengers  and  the  transportation  of 
freight,  subject  to  such  rules  and  regulations,  in  relation  to 
the  same,  and  to  the  size  and  construction  of  wheels,  cars, 
and  carriages,  the  weight  of  loads,  and  all  other  matters  and 
things  connected  with  the  use  of  said  railroad,  as  the  president 
and  directors  may  prescribe  and  direct:  Provided,  That  the 
said  company  shall  have  the  exclusive  control  of  the  motive- 
power,  and  may  from  time  to  time  establish,  demand,  and 
receive  such  rates  of  toll  or  other  compensation,  for  the  use 


50 

of  such  road  and  of  said  motive-power,  and  for  the  conveyance 
of  passengers,  the  transportation  of  merchandise  and  commodi- 
ties, and  the  cars  or  other  vehicles  containing  the  same,  or 
otherwise  passing  over  or  on  the  said  railroad,  as  to  the 
president  and  directors  shall  seem  reasonable:  Provided,  how- 
ever, nevertheless,  That  said  rates  of  toll  and  motive -power 
charges  so  to  be  established,  demanded,  or  received,  when  the 
cars  used  for  such  conveyance  or  transportation  are  owned  or 
furnished  by  others,  shall  not  exceed  two  and  one-half  cents 
per  mile  for  each  passenger,  three  cents  per  mile  for  each  ton 
of  two  thousand  pounds  of  freight,  three  cents  per  mile  for 
each  passenger  or  baggage  car,  and  two  cents  per  mile  for 
each  burden  or  freight  car,  every  four  wheels  being  computed 
a  car;  and  in  the  transportation  of  passengers  no  charge  shall 
be  made  to  exceed  three  cents  per  mile  for  through  passengers 
and  three  and  a  half  cents  per  mile  for  way  passengers. 

SEC.  19.  That  if  any  company  incorporated  as  aforesaid 
shall  not  commence  the  construction  of  their  proposed  railroad 
within  three  years,  and  complete  and  open  the  same  for  use, 
with  at  least  one  track,  within  the  term  prescribed  by  the 
special  act  authorizing  the  same,  or  if  after  completion  the 
said  railroad  shall  be  suffered  to  go  into  decay,  and  be  im- 
passable for  the  term  of  two  years,  then  this  charter  shall  be 
null  and  void,  except  so  far  as  to  compel  the  said  company  to 
make  reparation  for  damages. 

SEC.  20.  That  if  any  company  incorporated  as  aforesaid 
shall  at  any  time  misuse  or  abuse  any  of  the  privileges  granted 
by  this  act,  or  by  the  special  act  of  incorporation,  the  legis- 
lature may  revoke  all  and  singular  the  rights  and  privileges 
so  granted  to  such  company;  and  the  legislature  hereby 
reserves  the  power  to  resume,  alter,  or  amend  any  charter 
granted  under  this  act,  and  take  for  public  use  any  road  con- 
structed in  pursuance  of  such  charter:  Provided,  That  in 
resuming,  altering,  or  amending  said  charters  no  injustice 
shall  be  done  to  the  corporators,  and  that  in  taking  such  roads 
for  public  use  full  compensation  shall  be  made  to  the  stock- 
holders. 


AN  ACT  AUTHORIZING  THE  PAVING  OF  THE  GRAY'S 
FERRY  ROAD,  FROM  CEDAR  STREET  TO  FEDERAL 
STREET,  PROVIDING  FOR  THE  CONSTRUCTION  OF 
LATERAL  RAILROADS,  &c. 

Approved 5th  April,  1849.     (P'  L->  *849>  Pa£e  389-} 

SECTION  2.  That  it  shall  be  lawful  for  any  individual,  or 
association  of  individuals,  to  construct  a  railroad  or  plank 
road  from  his  or  their  premises,  to  connect  with  any  railroad 
or  plank  road  which  may  be  constructed,  or  to  any  stream  of 
water  which  has  been  or  may  hereafter  be  declared  a  public 
highway:  Provided,  Such  railroad  or  plank  road  shall  not 
exceed  three  miles  in  length;  and  any  individual  or  in- 
dividuals making  any  such  improvement  shall  be  subject  to 
all  the  provisions  and  restrictions  of  an  act  regulating  turnpike 
and  plank  road  companies,  approved  the  twenty-sixth  day  of 
January,  1849:  And  provided  further,  That  this  act  shall  only 
extend  to  the  counties  of  Warren,  McKean,  Elk,  and  Potter. 

NOTE. — The  turnpike  and  plank  road  act  of  26th  January,  1849,  ^s  given  in 
full  on  the  succeeding  pages. 


AN  ACT  REGULATING  TURNPIKE  AND  PLANK  ROAD 
COMPANIES. 

Approved  26th  January,  1849,     (P*  ^->  f849>  Page  IO-) 


SECTION  I.  That  whenever  a  special  act  of  the  general  assembly 
shall  be  passed,  authorizing  the  incorporation  of  a  company 
for  the  construction  of  a  turnpike  road,  or  for  the  construction 
of  a  plank  road,  within  this  Commonwealth,  the  commissioners 
named  in  such*  act,  or  any  five  of  them,  shall  have  power  to 
open  books  for  receiving  subscriptions  to  the  capital  stock  of 
such  company,  at  such  time  or  times,  and  such  place  or  places, 
as  they  may  deem  expedient,  after  having  given  at  least  twenty 
days'  previous  notice  in  one  or  more  newspapers  published,  or 
having  circulation  within  the  county  where  books  of  subscrip- 
tion are  to  be  opened  ;  at  which  times  and  places  two  or  more 
of  the  said  commissioners  shall  attend,  and  permit  and  suffer 


52 

all  persons  of  lawful  age,  who  shall  offer  to  subscribe  in  such 
books,  in  their  own  names,  or  in  the  name  of  any  other  person 
who  shall  duly  authorize  the  same,  for  any  number  of  shares 
of  stock;  and  the  said  books  shall  be  kept  open,  respectively, 
for  the  purpose  aforesaid,  at  least  six  hours  in  every  juridical 
day,  for  the  space  of  five  days,  or  until  the  said  books  shall 
have  the  whole  number  of  shares  authorized  by  such  special 
act  therein  subscribed ;  and  if,  at  the  expiration  of  the  said  five 
days,  the  books  aforesaid  shall  not  have  the  said  number  oj 
shares  authorized  as  aforesaid  therein  subscribed,  the  commis- 
sioners respectively  may  adjourn  from  time  to  time,  and 
transfer  the  books  from  place  to  place,  until  the  whole  num- 
ber of  shares  shall  be  subscribed;  of  which  adjournment  and 
transfer  the  commissioners  aforesaid  shall  give  such  public 
notice  as  the  occasion  may  require,  and  when  the  whole  num- 
ber of  shares  subscribed  shall  amount  to  the  number  authorized 
as  aforesaid,  the  same  shall  be  closed :  Provided  always,  Thai 
every  person  offering  to  subscribe  in  such  books,  in  his  owr 
or  any  other  name,  shall  at  the  time  of  subscribing  pay  to  the 
attending  commissioners  any  sum  not  less  than  one  dollai 
nor  more  than  five  dollars  (as  shall  be  fixed  and  determinec 
by  said  commissioners,  previously  to  the  opening  of  books 
for  every  share  to  be  subscribed,  out  of  which  shall  be  de 
frayed  such  incidental  charges  and  expenses  as  may  be  neces 
sary  for  taking  such  subscription,  and  the  remainder  shall  be 
paid  to  the  treasurer  of  the  corporation,  as  soon  as  the  same 
shall  be  organized  and  the  officers  chosen  as  hereinaftei 
mentioned. 

SEC.  2.  When  twenty  persons  or  more  shall  have  subscribec 
ten  per  centum  on  the  capital  stock  provided  for  by  sucl 
special  act  of  assembly,  the  said  commissioners  respectivel} 
may,  or  when  the  whole  number  of  shares  authorized  as  afore 
said  shall  be  subscribed,  they  shall  certify  under  their  hand: 
and  seals  the  names  of  the  subscribers,  and  the  number  o 
shares  subscribed  by  each,  to  the  governor  of  this  Common 
wealth,  whereupon  it  shall  and  may  be  lawful  for  the  governor 
by  letters  patent  under  his  hand  and  seal  of  State,  to  creab 
and  erect  the  subscribers,  and  if  the  subscription  be  not  full  a 
the  time,  then  those  who  shall  afterwards  subscribe  to  th< 


53 

number  aforesaid,  into  one  body  politic  and  corporate,  in  deed 
and  in  law,  by  the  name,  style,  and  title  designated  by  such 
special  act;  and  by  such  name  the  said  subscribers  shall  have 
perpetual  succession,  and  all  privileges  and  franchises  incident 
to  a  corporation,  and  shall  be  capable  of  taking  and  holding 
the  capital  stock,  and  the  increase  and  profits  thereof,  and  of 
enlarging  the  same  by  new  subscription,  in  such  manner  and 
form  as  they  shall  think  proper,  if  such  enlargement  shall  be 
found  necessary  to  fulfill  the  intent  of  such  special  act;  and  of 
purchasing,  taking,  and  holding  to  them  and  their  successors 
and  assigns,  and  of  selling,  transferring,  and  conveying,  in  fee 
simple,  or  for  any  less  estate,  all  such  lands,  tenements,  and 
hereditaments,  and  estate,  real  and  personal,  as  shall  be  neces- 
sary to  them  in  the  prosecution  of  their  works ;  and  of  suing 
and  being  sued,  and  of  doing  all  and  every  other  matter  and 
thing  which  a  corporation  or  body  politic  may  lawfully  do. 

SEC.  3.  That  the  commissioners  aforesaid,  as  soon  as  conve- 
niently maybe  after  the  said  letters  shall  be  sealed  and  obtained, 
shall  give  notice,  in  the  manner  provided  for  in  the  first  sec- 
tion of  this  act,  of  the  time  and  place  by  them  appointed;  at 
which  time  and  place  the  said  subscribers  shall  proceed  to 
organize  such  corporation,  and  shall  choose,  by  a  majority  of 
votes  of  the  subscribers  by  ballot,  to  be  delivered  in  person  or 
by  proxy  duly  authorized,  one  president,  five  managers,  and 
one  treasurer,  and  such  other  officers  as  may  be  necessary  to 
conduct  the  business  of  such  company  until  the  first  Monday 
of  November  next  ensuing,  and  until  such  other  officers  shall 
be  chosen ;  and  shall  and  may  make  such  by-laws,  orders,  and 
regulations,  not  inconsistent  with  the  Constitution  and  laws  of 
the  United  States  and  of  this  Commonwealth,  as  shall  be  neces- 
sary for  the  proper  management  of  the  affairs  of  such  company: 
Provided  always,  That  each  stockholder  shall  be  entitled  to 
one  vote  for  each  share  of  stock  not  exceeding  ten,  and  one 
vote  for  every  five  shares  exceeding  that  number:  And  pro- 
vided, also,  That  no  stockholder,  whether  the  original  subcriber 
or  assignee,  shall  be  entitled  to  vote  at  any  election  or  meeting 
of  said  company,  unless  the  whole  sum  due  and  payable  on 
the  share  or  shares  by  him  or  her  held  at  the  time  of  such 
election  shall  have  been  fully  paid  and  discharged. 


54 

SEC.  4.  The  stockholders  of  such  company  shall  meet  or 
the  first  Monday  in  November  in  every  year,  at  such  place  as 
shall  be  fixed  by  their  by-laws,  for  the  purpose  of  choosing 
officers  as  aforesaid  for  the  ensuing  year,  and  at  such  othei 
times  as  they  shall  be  summoned  by  the  managers,  in  sucr 
manner  and  form  as  shall  be  prescribed  by  their  by-laws ;  a' 
which  annual  or  special  meetings  they  shall  have  full  powei 
and  authority  to  make,  alter,  or  repeal,  by  a  majority  of  votes 
all  such  by-laws,  rules,  orders,  and  regulations  made  as  afore 
said,  and  to  do  and  perform  any  corporate  act. 

SEC.  5.  The  president  and  directors  of  such  company  firs 
chosen  shall  procure  certificates  or  evidences  of  stock,  for  al 
the  shares  of  the  said  company,  and  shall  deliver  one  or  mon 
certificates  or  evidences,  signed  by  the  president,  countersignec 
by  the  treasurer,  and  sealed  with  the  common  seal  of  the  cor 
poration,  to  each  person  or  party  entitled  to  receive  the  same 
according  to  the  number  of  shares  by  him,  her,  or  them  re 
spectively  subscribed  or  held ;  which  certificates  or  evidence.1 
of  stock  shall  be  transferable,  at  the  pleasure  of  the  holder,  h 
a  suitable  book  or  books  to  be  kept  by  the  company  for  tha 
purpose,  in  person  or  by  attorney  duly  authorized,  in  th( 
presence  of  the  president  or  treasurer,  subject,  however,  to  al 
payments  due  or  to  become  due  thereon;  and  the  assignee  o 
party  to  whom  the  same  shall  have  been  so  transferred  shall  b< 
a  member  of  said  corporation,  and  have  and  enjoy  all  the  immu 
nities,  privileges,  and  franchises,  and  be  subject  to  all  the  liabili 
ties,  conditions,  and  penalties  incident  thereto,  in  the  sam< 
manner  as  the  original  subscriber  would  have  been  :  Provided 
That  no  certificate  shall  be  transferred  so  long  as  the  holde 
thereof  is  indebted  to  said  company,  unless  the  board  c 
directors  shall  consent  thereto. 

SEC.  6.  It  shall  be  lawful  for  the  said  president  and  mana 
gers,  their  superintendents,  surveyors,  engineers,  artists,  an< 
chain-bearers,  to  enter  in  and  upon  all  and  every  the  lands 
tenements,  and  enclosures  in,  through,  and  over  which  sucl 
intended  turnpike  road  or  plank  road  may  be  thought  prope 
to  pass,  and  for  that  purpose  to  examine  the  ground  and  quai 
ries  of  stone  and  gravel,  and  other  materials  that  may  b 
necessary  in  making  and  constructing  such  road,  and  to  cu 


55 

or  open  such  drains  through  the  same  as  they  shall  judge 
necessary  to  drain  the  water  from  the  turnpike  road  or  plank 
road,  with  the  same  rights  and  under  the  same  penalties  as 
the  supervisors  of  highways;  and  the  said  road  shall  be 
constructed  between  the  points  named  in  the  special  act 
incorporating  such  company. 

SEC.  7.  The  president  and  managers  of  such  corporations, 
three  of  whom  shall  for  that  purpose  be  a  quorum,  shall  keep 
minutes  of  all  their  proceedings,  fairly  entered  in  a  book  to  be 
kept  for  that  purpose,  and  shall  have  full  power  and  authority 
to  appoint,  agree,  and  contract  with  such  engineers,  superin- 
tendents, artists,  laborers,  and  other  persons,  as  they  may 
think  necessary,  to  make  and  construct  such  road,  and  collect 
the  tolls  hereinafter  authorized,  and  fix  their  compensation.; 
to  ascertain  the  times,  manner,  and  proportions  in  which  the 
stockholders  shall  pay  the  amount  of  their  respective  shares, 
in  order  to  carry  on  their  work;  to  draw  orders  on  the 
treasurer  for  all  debts  contracted  by  them,  which  orders  shall 
be  signed  by  the  president,  or,  in  his  absence,  by  a  majority 
of  the  managers,  and  attested  by  their  secretary ;  and  to  do 
and  transact  all  other  acts,  matters,  or  things  as  by  the  by- 
laws, orders,  and  regulations  of  such  company  shall  be 
entrusted  to  them. 

SEC.  8.  If  any  stockholder,  whether  the  original  subscriber 
or  assignee,  after  twenty  days'  notice,  as  aforesaid,  of  the  time 
and  place  appointed  for  the  payment  of  any  installment  or 
proportion  of  the  capital  stock,  shall  neglect  to  pay  such  pro- 
portion, at  the  place  appointed,  for  the  space  of  thirty  days 
after  the  time  appointed  for  the  payment  thereof,  any  such 
stockholder  shall,  in  addition  to  the  installment  so  called  for, 
pay  at  the  rate  of  one  per  centum  per  month  for  every  delay 
of  such  payment;  and  if  the  same  and  additional  penalty  shall 
become  equal  to  the  sum  before  paid  in  part  on  account  of 
such  share,  the  same  may  be  forfeited  by  and  to  the  said  com- 
pany, and  may  be  sold  by,  them  for  such  price  as  may  be 
obtained  therefor;  or  in  default  of  payment  of  any  stockholders 
of  such  installments  as  aforesaid,  for  the  space  of  sixty  days 
aforesaid,  the  president  and  managers  may,  at  their  election, 
cause  suit  to  be  brought  in  the  same  manner  as  debts  of  a  like 


56 

amount  are  now  recoverable,  for  the  recovery  of  the  same, 
together  with  the  penalties  aforesaid. 

SEC.  9.  It  may  be  lawful  for  the  president  and  managers 
of  such  company,  incorporated  as  aforesaid,  by  and  with  their 
superintendents,  engineers,  artists,  workmen,  laborers,  their 
tools  and  instruments,  carts,  wagons,  and  other  carriages,  and 
beasts  of  draught  or  burden,  to  enter  in  and  upon  the  lands 
contiguous  and  near  to  which  the  said  road  shall  be  made  or 
constructed,  first  giving  notice  of  their  intention  to  the  occu- 
piers thereof,  and  doing  as  little  damage  thereto  as  possible, 
and  making  amends  for  damages  upon  a  reasonable  and  equi- 
table agreement  by  the  parties ;  or  if  they  cannot  agree  there- 
upon, a  just  and  equitable  assessment  to  be  made  upon  oath 
or  affirmation  by  three  disinterested  freeholders,  or  any  two  of 
them,  two  of  whom  shall  be  mutually  chosen  by  the  parties, 
and  said  two  thus  chosen  shall  choose  a  third ;  or  if  either 
party,  upon  due  notice,  shall  neglect  or  refuse  to  join  in  the 
choice,  then  to  be  chosen  by  a  justice  of  the  peace  of  the 
county  wherein  the  land  lies,  who  shall  not  be  interested 
therein;  and  upon  the  tender  of  the  assessed  value,  to  dig  and 
carry  away  any  timber,  stone,  sand,  earth,  or  other  materials, 
necessary  or  suitable  for  making  said  road:  Provided,  That 
no  part  of  this  act  shall  authorize  the  taking  of  any  property 
by  such  company,  unless  the  same  be  previously  paid  for, 
or  adequate  security  given  to  the  owners  for  the  payment 
thereof. 

SEC.  10.  The  president  and  managers  of  every  such  com- 
pany, incorporated  as  aforesaid,  shall  keep  fair  and  just 
accounts,  as  well  of  all  moneys  received  by  them  as  of  those 
paid  out  and  expended  in  the  prosecution  of  the  work ;  and 
shall,  at  least  once  in  every  year,  submit  their  books  and 
accounts  to  a  general  meeting  of  the  stockholders ;  and  when- 
ever it  shall  be  ascertained  that  the  capital  stock  of  such  com- 
pany is  not  sufficient  to  complete  their  road,  according  to  the 
true  intent  and  meaning  of  this  act,  it  shall  and  may  be  lawful 
for  the  president  and  managers,  at  a  stated  or  special  meeting, 
convened  according  to  the  provisions  of  this  act  or  their  own 
by-laws,  to  increase  the  number  of  shares  to  such  an  extent 
as  they  shall  deem  sufficient  to  accomplish  the  work,  and  to 


57 

demand  and  receive  the  moneys  subscribed  for  such  additional 
shares,  in  like  manner  and  under  like  penalties  as  are  provided 
'by  this  act  in  the  case  of  the  original  subscriptions. 

SEC.  1 1.  The  president  and  managers  of  such  company  shall 
have  power  to  erect  good  and  sufficient  bridges  over  all  the 
streams  of  water  crossed  by  their  road,  whenever  the  same 
shall  be  found  necessary;  and  shall  cause  a  road,  if  a  turn- 
pike, to  be  laid  out,  not  exceeding  fifty  feet  in  width,  and 
cause  at  least  eighteen  feet  of  said  width  to  be  made  an  arti- 
ficial road  of  wood,  stone,  gravel,  or  other  proper  and  conve- 
nient materials,  such  as  the  nature  of  the  ground  may  require 
and  will  afford,  to  be  constructed  in  such  manner  as  will 
admit  an  even  surface,  and  so  nearly  level  in  its  progress,  that 
it  shall  at  no  place  rise  or  fall  more  than  will  form  an  angle  of 
four  degrees  from  a  horizontal  line ;  and  if  a  plank  road,  the 
same  shall  be  opened  of  any  width  not  exceeding  forty  feet, 
and  shall  be  graded  in  such  manner  as  may  be  necessary  for 
either  a  single  or  double  track,  as  may  be  determined  upon 
by  the  president  and  managers  of  the  said  company,  each 
track  being  not  less  than  eight  feet  in  width,  and  so  nearly 
level  in  its  progress  that  it  shall  in  no  place  rise  or  fall  more 
than  will  form  an  angle  of  three  degrees  with  a  horizontal 
line :  Provided,  That  if  any  part  of  the  ground  on  the  route  of 
said  road  shall  be  so  hard  and  compact  as  to  make  a  good 
road  without  any  covering  of  wood,  gravel,  stone,  slate,  or 
other  hard  substance,  the  said  president  and  managers  are 
hereby  authorized  to  construct  such  part  of  said  road  without 
any  such  covering,  and  shall  forever  maintain  and  keep  the 
same  in  good  repair:  Provided,  That  in  all  deep  cuts  the  said 
road  need  not  be  of  greater  width  on  the  surface  than  thirty 
feet:  And  provided,  That  said  bridges  shall  not  be  constructed 
so  as  to  obstruct  the  navigation  of  any  stream  declared  a 
public  highway. 

SEC.  12.  Whenever  such  company  shall  have  finished  five 
miles  or  more  of  road,  the  president  thereof  may  give  notice 
to  the  governor,  who  shall  appoint  forthwith  three  skillful, 
judicious,  and  disinterested  persons  to  view  and  examine  the 
same,  and  report,  on  oath  or  affirmation,  to  him  whether  the 
said  road  is  so  far  executed  in  a  competent  and  workmanlike 


58 

manner,  according  to  the  true  intent  and  meaning  of  this 
act;  and  if  their  report  shall  be  in  the  affirmative,  then  the 
governor  shall,  by  license,  under  his  hand  and  the  seal  of  the 
State,  permit  and  suffer  said  company  to  erect  and  fix  such 
and  so  many  gates  upon  and  across  the  said  road  as  will  be 
necessary  and  sufficient  to  collect  from  all  persons,  otherwise 
than  on  foot,  the  same  tolls  as  hereinafter  authorized  and 
granted. 

SEC.  13.  When  such,  company  is  licensed  in  manner  afore- 
said, it  shall  and  may  be  lawful  for  them  to  appoint  such 
and  so  many  toll-gatherers  as  they  shall  think  proper,  to  collect 
and  receive,  of  and  from  all  and  every  person  or  persons  using 
the  said  road,  the  tolls  and  rates  hereinafter  mentioned;  and 
to  stop  any  person  riding,  leading,  or  driving  any  horses, 
cattle,  hogs,  sheep,  coach,  coaches,  sulky,  chair,  chaise,  phae- 
ton, cart,  wagon,  wain,  sleigh,  sled,  or  any  other  carriage  of 
burden  or  pleasure,  from  passing  through  the  said  gate  until 
they  shall  respectively  have  paid  the  same — that  is  to  say,  for 
every  five  miles  in  length  of  the  said  road  completed  and 
licensed  as  aforesaid,  the  following  sums  of  money,  and  so  in 
proportion  for  any  lesser  distance,  or  for  any  greater  or  lesser 
number  of  sheep,  hogs,  or  cattle,  to  wit: — For  every  score  of 
hogs,  five  cents;  for  every  score  of  sheep,  five  cents;  for 
every  score  of  cattle,  ten  cents;  for  every  horse  and  his  rider, 
or  led  horse,  three  cents;  for  every  sulky,  chair,  or  chaise, 
with  one  horse  and  two  wheels,  six  cents;  with  two  horses, 
nine  cents;  for  every  chariot,  coach,  phaeton,  or  dearborn, 
with  one  horse  and  four  wheels,  ten  cents;  for  every  coach, 
phaeton,  or  chaise,  with  two  horses  and  four  wheels,  twelve 
cents;  for  either  of  the  carriages  last  mentioned,  with  four 
horses,  twenty  cents;  for  every  other  carriage  of  pleasure, 
under  whatever  other  name  it  may  go,  the  like  sums,  accord- 
ing to  the  number  of  wheels  and  horses  drawing  the  same; 
for  every  stage-wagon,  with  two  horses,  twelve  cents;  for 
every  such  wagon,  with  four  horses,  twenty  cents;  for  every 
sleigh,  three  cents  for  each  horse  drawing  the  same;  and  for 
every  sled,  two  cents  for  each  horse  drawing  the  same;  for 
every  cart  or  wagon,  whose  wheels  shall  be  less  than  four 
inches,  four  cents  for  each  horse  drawing  the  same;  and  for 


59 

every  cart  or  wagon  whose  wheels  shall  be  four  inches, 
and  not  exceeding  seven  inches,  two  cents  for  every  horse 
'  drawing  the  same ;  for  every  cart  or  wagon,  the  breadth  of 
whose  wheels  shall  be  more  than  seven  inches,  one  cent  for 
every  horse  drawing  the  same;  and  if  any  person  or  persons 
shall  represent  to  the  said  company  or  any  of  their  officers 
that  he,  she,  or  they  have  traveled  a  less  distance  than  he,  she, 
or  they  have  actually  traveled  along  said  road,  with  intent  to 
defraud  the  said  company  of  its  toll  or  any  part  thereof,  such 
person  or  persons  shall,  for  every  such  offense,  forfeit  and  pay 
to  the  use  of  said  company  the  sum  of  five  dollars;  and  if  any 
toll-gatherer  shall  demand  and  receive  toll  for  a  greater  dis- 
tance than  the  person  of  whom  such  toll  is  demanded  shall 
have  traveled  along  said  turnpike  road  or  plank  road,  or  shall 
demand  and  receive  greater  toll  from  any  person  or  persons 
than  such  toll-gatherer  is  authorized  to  demand  and  receive 
by  virtue  of  this  act,  such  toll-gatherer  shall  forfeit  and  pay 
the  sum  of  five  dollars  for  every  such  offense,  to  the  super- 
visors of  the  township  in  which  the  forfeiture  is  incurred,  to 
be  expended  in  repairing  township  roads,  and  for  the  payment 
of  which  the  said  company  shall  be  responsible;  and  all  such 
penalties  and  forfeitures  shall  be  recoverable,  with  costs  of 
suit,  before  any  justice  of  the  peace  of  the  county  in  which 
the  offense  is  committed:  Provided,  That  no  toll  shall  be 
demanded  from  any  person  or  persons  passing  and  repassing 
from  one  part  of  his,  her,  or  their  farm  to  any  other  part  of 
the  same;  and  all  persons,  with  their  vehicles  or  horses,  going 
to  or  from  funerals  or  places  of  public  worship,  or  of  military 
trainings  or  elections,  shall  be  exempt  from  the  payment  of 
toll  when  traveling  on  such  turnpike  road. 

SEC.  14.  If  such  company  shall  neglect  or  refuse  to  keep 
their  road  in  good  traveling  order  and  repair  for  the  space  of 
thirty  days,  and  information  thereof  shall  be  given  under  oath 
or  affirmation  to  any  justice  of  the  peace  of  the  neighborhood 
and  county,  designating  particularly  where  and  in  what  respect 
said  road  is  defective,  such  justice  shall  issue  a  precept  to  any 
constable  of  the  county,  requiring  him  to  notify  the  gate- 
keeper nearest  whose  gate  the  part  or  parts  of  the  road  com- 
plained of  is  situate,  that  on  a  certain  day  and  at  a  certain 


6o 

hour  therein  mentioned,  not  less  than  three  nor  more  than  si> 
days  thereafter,  three  freeholders  will  be  chosen  at  his  office 
to  hold  an  inquest  to  inquire  into  the  truth  of  the  matten 
specified  in  said  information,  an  attested  copy  of  which  shaL 
be  furnished  by  said  justice  to  said  gate-keeper,  at  the  time  o: 
serving  said  notice. 

SEC.  15.  The  three  freeholders  mentioned  in  the  preceding 
section  shall  be  chosen  as  follows : — If  the  gate-keeper,  or  any 
other  officer  or  agent  of  the  company,  and  the  informant,  shall 
attend  at  the  time  and  place  of  choosing,  they  shall  commence 
with  the  complainant,  and  nominate  alternately  to  the  justice 
a  list  of  nine  freeholders  of  the  neighborhood,  from  which  list 
the  complainant  and  the  officer  or  agent  of  the  company  shall 
alternately  strike  out  a  name  until  three  names  are  left,  which 
three  shall  be  the  persons  chosen  to  hold  said  inquest.  Should 
either  party  be  unrepresented  at  the  time  of  choosing  said  free- 
holders, the  justice  shall  act  for  him  or  them,  and  should  both 
parties  be  absent,  the  justice  shall  appoint  three  disinterested 
freeholders  to  form  said  inquest. 

SEC.  1 6.  The  inquest  thus  chosen  shall,  after  having  been 
duly  sworn  or  affirmed,  proceed  to  view  the  parts  of  the  road 
complained  of,  and  shall  report  to  the  said  justice,  in  writing, 
under  their  hands  and  seals,  or  the  hands  and  seals  of  a 
majority  of  them,  within  five  days  after  said  view,  whether 
the  said  road  be  out  of  order  and  repair,  contrary  to  the  true 
intent  and  meaning  of  this  act;  and  if  so  found,  the  said  justice 
shall  adjudge  the  said  company  to  pay  a  fine  of  not  less  than 
twenty-five  nor  more  than  fifty  dollars,  at  his  discretion, — one- 
half  thereof  for  the  use  of  the  supervisors  of  the  roads  in  the 
township  in  which  the  portion  of  the  road  so  found  defective 
is  situate :  Provided,  That  the  said  company  shall  have  the 
right  of  appealing,  within  twenty  days  after  judgment,  to  the 
court  of  common  pleas  of  the  proper  county,  from  the  finding 
of  said  inquest,  and  the  judgment  of  the  justice  thereon,  as  in 
other  cases :  And  provided  further,  That  no  proceedings  shall 
be  commenced  or  prosecuted  under  the  last  three  sections  of 
this  act,  unless  the  informant  or  some  other  person  shall  have 
given  twenty  days'  previous  notice,  in  writing,  to  the  gate- 
keeper nearest  to  whose  gate  the  part  or  parts  of  the  road 


6i 

complained  of  is  situate,  specifying  particularly  the  part  or 
parts  of  the  road  alleged  to  be  out  of  repair,  and  the  nature  of 
the  defect  alleged,  and  notifying  him  that  unless  the  proper 
repairs  be  made  in  thirty  days  after  the  service  of  the  notice, 
proceedings  will  be  commenced  before  a  justice  and  three 
freeholders. 

SEC.  17.  Should  the  said  company  not  appeal  from  the  find- 
ing of  the  said  inquest  and  the  judgment  of  the  justice  thereon, 
and  continue  to  neglect  and  refuse  to  repair  the  part  or  parts 
of  the  road  thus  found  out  of  repair,  new  proceedings  may  be 
commenced  and  prosecuted  against  said  company  for  such 
neglect  or  refusal ;  and  should  said  parts  of  said  road  continue 
out  of  repair  until  the  holding  of  the  next  general  court  of 
quarter  sessions  for  the  proper  county,  it  shall  be  the  duty  of 
the  said  justice  to  certify  and  send  copies  of  the  finding  of  the 
said  inquests  and  the  judgments  thereon  to  the  judges  of  the 
said  court;  and  the  said  judges  shall  thereupon  cause  process 
to  issue,  and  bring  in  the  body  or  bodies  of  the  person  or  per- 
sons intrusted  by  the  company  with  the  care  and  superin- 
tendence of  such  part  of  the  said  road  as  shall  be  so  found 
defective,  and  shall  proceed  thereon  as  in  cases  of  supervisors 
of  highways  for  neglect  of  their  duty;  and  if  the  persons 
intrusted  by  the  said  company  as  aforesaid  shall  be  convicted 
of  the  offense  by  the  said  inquisition  charged,  the  said  court 
shall  give  judgment  according  to  the  nature  and  aggravation 
of  the  neglect,  as  according  to  right  and  justice  would  be 
proper  in  the  case  of  supervisors  of  the  highways  neglecting 
their  duties;  and  the  fines  and  penalties  so  to  be  imposed  shall 
be  recovered  in  the  said  court,  and  shall  be  paid  to  the  super- 
visors of  the  highways  of  the  township  wherein  the  offense 
was  committed,  to  be  applied  to  repairing  the  public  roads 
within  such  township ;  and  like  proceedings  may  be  instituted 
from  time  to  time,  until  the  said  road  is  put  into  proper 
repair. 

SEC.  1 8.  In  all  cases  of  complaint  made  or  suit  instituted, 
under  the  provisions  of  this  act,  against  any  corporation,  if  the 
complainant  shall  fail  to  sustain  his  complaint,  or  the  plaintiff  to 
sustain  his  suit,  as  the  case  may  be,  the  corporation  shall  be 
entitled  to  recover  costs  as  in  other  cases,  from  the  complainant 


62 

or  plaintiff,  as  the  case  may  be;  and  in  all  cases  when  anj 
corporation  which  may  have  been  chartered  under  and  subjec 
to  the  provisions  of  this  act,  shall  be  adjudged  to  pay  an) 
penalty,  or  the  cost  of  any  proceedings  authorized  by  this  act 
the  party  plaintiff  or  complainant  shall  have  all  the  remedies 
for  recovering  of  the  same,  with  costs,  against  the  said  corpor 
ation,  that  are  provided  for  the  recovery  of  debts  or  judgment; 
of  like  amount  in  other  cases;  and  if  the  said  corporatior 
shall  fail  to  make  payment  in  any  case  within  twenty  day.' 
after  final  adjudication,  the  court  of  common  pleas  of  the 
proper  county,  on  application  of  the  plaintiff,  or  some  othei 
person  on  his  behalf,  shall  direct  sequestration,  and  appoint  £ 
sequestrator,  who  shall  have  like  powers,  and  be  subject  tc 
all  the  regulations  and  requirements  provided  in  the  seventy- 
third  and  seventy-fourth  sections  of  an  act  of  the  genera' 
assembly  of  this  Commonwealth,  entitled  "An  act  relating 
to  executions,"  passed  June  i6th,  1836:  Provided,  That  where 
the  judgment  is  final  before  the  justice,  or  is  not  appealed 
from  as  provided  in  this  act,  the  complainant,  before  proceed- 
ing to  sequestration,  shall  file  in  the  court  of  common  pleas  oi 
the  proper  county  a  transcript  of  the  proceedings  and  judg- 
ment before  the  justice,  which  transcript  shall  be  entered  oi 
record  in  the  said  court,  as  under  existing  laws  for  the  filing 
and  entering  of  transcripts  of  judgments  in  other  cases;  and 
from  such  filing  and  entering  shall  have  the  effect  of  a  judg- 
ment originally  entered  in  the  said  court. 

SEC.  19.  If  any  person  or  persons  whosoever,  owning, 
riding  in,  or  driving  any  sulky,  chair,  chaise,  phaeton,  cart 
wagon,  sleigh,  sled,  or  other  carriage  of  burden  or  pleasure, 
riding  or  leading  any  horse,  mule,  or  gelding,  or  driving  any 
hogs,  sheep,  or  other  cattle,  shall  therewith  pass  through  any 
private  gates  or  bars,  or  along  or  over  any  private  passage-way 
or  other  ground  near  to  or  adjoining  any  gate  erected,  or 
which  shall  be  erected  in  pursuance  of  this  act,  with  an 
intent  to  defraud  the  company  and  avoid  the  payment  of  the 
toll  or  duty  for  passing  through  any  such  gate,  or  if  any 
person  or  persons  shall,  with  such  intent,  take  off  or  cause  to 
be  taken  off,  any  horse,  mare,  or  gelding,  or  other  cattle,  from 
any  sulky,  chair,  chaise,  phaeton,  cart,  wagon,  sleigh,  sled,  or 


63 

other  carriage  of  burden  or  pleasure,  or  practice  any  other 
fraudulent  means  or  device,  with  the  intent  that  the  payment 
of  any  such  toll  or  duty  may  be  evaded  or  lessened,  all  and 
every  person  or  persons,  in  all  and  every  or  any  of  the  ways 
or  manners  offending,  shall,  for  every  such  offense,  respect- 
ively forfeit  and  pay  to  the  president  and  managers  of  such 
turnpike  road  or  plank  road,  as  the  case  may  be,  any  sum 
not  exceeding  ten  dollars,  to  be  sued  for  and  recovered,  with 
costs  of  suit,  before  any  justice  of  the  peace,  in  like  manner 
and  subject  to  the  same  rules  and  regulations  as  debts  of  a 
similar  amount  are  by  law  sued  for  and  recovered. 

SEC.  20.  The  legislature  shall  have  power  to  alter  the  rate 
of  toll  fixed  by  this  act ;  and  the  managers  of  any  such  com- 
pany may  lessen  the  same  whenever  they  shall  believe  it 
necessary  for  the  well-being  of  the  company  or  the  community 
at  large. 

SEC.  21.  The  legislature  hereby  reserves  the  right  to  alter, 
amend,  or  repeal  the  charter  and  privileges  granted  by  special 
act,  as  aforesaid,  whenever  in  their  opinion  the  same  may  be 
injurious  to  the  citizens  of  this  Commonwealth;  in  such 
manner,  however,  that  no  injustice  shall  be  done  to  the 
corporators. 


AN  ACT  TO  RESTRAIN  CORPORATIONS  FROM  ISSUING 
OBLIGATIONS  REDEEMABLE  OTHERWISE  THAN  IN 
GOLD  AND  SILVER  [OR  IN  CURRENT  BANK-NOTES]. 


Approved  2ist  April,  1849.     (?• 

SECTION  I.  That  from  and  after  the  passage  of  this  act  it 
shall  not  be  lawful  for  any  corporation  within  this  Common- 
wealth, directly  or  indirectly,  either  by  itself  or  through  any 
agent  or  agents,  individual  or  individuals,  to  make,  issue,  or 
re-issue,  pay  out,  or  circulate,  or  cause  to  be  issued,  re-issued, 
put  out,  or  circulated,  any  certificate,  check,  order,  or  due-bill, 
or  acknowledgment  of  indebtedness  of  any  description,  for 
any  purpose  whatsoever,  payable  or  redeemable  in  any  goods, 
property,  or  effects,  or  payable  or  redeemable  in  anything 
except  in  gold  and  silver,  and  that  any  violation  of  the  pro- 
visions of  this  act  shall  be  held  and  deemed  to  be  a  forfeiture 


64 

of  the  charter  of  any  company  so  offending,  and  any  privat 
citizen  may  by  quo  warranto  proceed,  according  to  law,  t 
have  such  forfeiture  declared:  Provided,  That  this  act  shai 
not  be  construed  to  authorize  any  corporation  or  individua 
not  expressly  authorized  by  existing  laws,  to  issue  any  not< 
bill,  check,  or  certificate  whatever,  in  the  nature  or  similitud 
of  a  bank-note,  and  intended  for  circulation,  and  that  all  law 
inconsistent  with  this  act  be  and  the  same  are  hereby  repealed 
And  provided  further,  That  this  section  shall  not  be  construe- 
so  as  to  prevent  any  corporation  from  drawing  orders  in  th 
ordinary  course  of  business,  not  intended  for  circulation  o 
in  payment  of  interest,  and  that  such  orders  shall  not  b 
negotiable. 

AN  ACT  AUTHORIZING  INDIVIDUALS  TO  CONSTRUCT. 
RAILROADS  AND  PLANK  ROADS  IN  THE  COUNTY  Ol 
VENANGO,  RELATING  TO  ROAD  TAXES,  &c. 

Approved  zzd  March,  1830.     (P.  L.,  1830,  page  258.) 

SECTION  i.  That  the  second  section  of  an  act  entitled  "Ai 
act  authorizing  the  paving  of  the  Gray's  Ferry  road  fron 
Cedar  street  to  Federal  street;  providing  for  the  constructioi 
of  lateral  railroads;  relating  to  the  appointment  of  auctioneer, 
in  the  counties  of  Erie,  Mercer,  and  Bradford;  extending  th< 
Southwark  Railroad;  and  in  relation  to  the  collection  of  poo: 
taxes  in  the  city  of  Pittsburg,"  passed  the  fifth  day  of  April 
1 849,  be  and  the  same  is  hereby  extended  to  Venango  county 


AN  ACT  TO  SECURE  THE  CITIES  OF  PITTSBURG  ANE 
ALLEGHENY,  AND  THE  NEIGHBORHOOD  THEREOF 
FROM  DAMAGE  BY  GUNPOWDER;  TO  INCORPORATE 
AN  ASSOCIATION  FOR  THE  ESTABLISHMENT  OF  / 
HOUSE  OF  REFUGE  FOR  WESTERN  PENNSYLVANIA 
AND  RELATIVE  TO  THE  PENNSYLVANIA  STATE  LUNA- 
TIC  HOSPITAL. 

Approved  2zd  April,  1850.     (P.  L.,  fSjo,  page  539.) 

SECTION  9.  That  it  shall  be  unlawful  for  any  person  to  trans- 
port  gunpowder   over   any  railroad,  canal,  or  slackwater  ir 


65 

this  Commonwealth,  unless  the  keg,  barrel,  box,  or  other 
vessel  containing  the  same  shall  be  distinctly  and  conspicuously 
marked  by  having  the  word  "gunpowder"  written  or  printed 
thereon;  and  every  violation  of  this  section  shall  subject  the 
person  or  persons  so  offending  to  be  prosecuted  by  indictment 
in  the  court  of  quarter  sessions  of  the  proper  county,  and 
punished  by  fine  not  exceeding  five  hundred  dollars,  and  im- 
prisonment not  exceeding  six  months,  or  either  of  them,  at 
the  discretion  of  the  court;  and  it  is  hereby  made  the  duty  of 
the  canal  commissioners  to  give  notice  of  the  provisions  of 
this  section  along  the  lines  of  the  public  works  of  this  Com- 
monwealth. 


AN  ACT  RELATING  TO  THE  BAIL  OF  EXECUTRIXES;  *  * 
TO  THE  LIMITATION  OF  ACTIONS  AGAINST  CORPORA- 
TIONS; *  *  *  TO  APPEALS  FROM  AWARDS  OF  ARBI- 
TRATORS BY  CORPORATIONS,  &c. 

Approved  2$th  April,  1850.     (P.  L.,  1850,  pages  sjo  and 571.} 

SECTION  7.  That  the  provisions  of  the  act  passed  the  2/th 
March,  1713,  entitled  "An  act  for  the  limitation  of  actions," 
shall  not  hereafter  extend  to  any  suit  against  any  corporation 
or  body  politic  which  may  have  suspended  business,  or  made 
any  transfer  or  assignment  in  trust  for  creditors,  or  who  may 
have  at  the  time,  and  after  the  accruing  of  the  cause  of  action, 
in  any  manner  ceased  from  or  suspended  the  ordinary  business 
for  which  said  corporation  was  created. 

SEC.  12.  That  so  much  of  the  first  section  of  the  act  passed 
on  the  twentieth  day  of  March,  1845,  entitled  "An  act  con- 
cerning bail  and  attachments,"  as  pertains  %o  appeals  from  the 
awards  of  arbitrators,  shall  from  henceforth  be  construed  to 
extend  to  all  such  appeals,  whether  made  by  persons  natural 
or  artificial. 

NOTE. — The  act  of  1713  provides  that  actions  upon  the  case  other  than  for 
slander,  actions  upon  account  other  than  such  as  concern  trade  between  merchants, 
&c.,  actions  for  trespass,  debt,  detinue,  replevin,  and  trespass  quare  clausum  fregif, 
shall  be  brought  within  six  years  next  after  the  cause  of  such  action  or  suit 
(accrues)  and  not  after,  (i  Smith's  Laws,  page  76.) 


66 

AN  ACT  TO  INCORPORATE  THE  FIRST  BAPTIST  CHURCE 
OF      LEWISBURG,     UNION      COUNTY,     PENNSYLVANIA 
RELATIVE    TO    RAILROADS    AND   CANALS    IN    MIFFLIN 
COUNTY,  &c. 

Approved  26th  April,  1850.     (P.  L.,  1831,  page  820.) 

SECTION  10.  That  in  all  cases  where  canals  and  railroad' 
may  be  located  through  towns  and  boroughs  in  Mifflin  county 
and  passing  through  lanes,  streets,  or  alleys,  it  shall  be  lawfu 
for  the  courts  of  quarter  sessions  of  said  county  to  appoin 
viewers  to  lay  out,  vacate,  or  change  lanes,  streets,  or  alley 
with  like  effect  as  if  the  same  had  been  so  laid  out  by  th< 
original  proprietor  of  such  town  or  borough;  and  that  saic 
viewers  shall  have  power  to  assess  damages:  Provided,  Tha 
a  report  of  said  viewers  shall  be  confirmed  by  the  court  o 
quarter  sessions  of  said  county. 


A  FURTHER  SUPPLEMENT  TO  THE  ACT  INCORPORATIN( 
THE  PENNSYLVANIA  RAILROAD  COMPANY;  AND  RELA 
TIVE  TO  LATERAL  ROADS  IN  LYKENS  VALLEY,  II 
DAUPHIN  COUNTY. 

Approved  26th  April,  1850.     (P.  L.,  1850,  page 584.} 

SECTION  4.  That  authority  is  hereby  given  to  the  owner  o 
owners,  lessee  or  lessees,  of  coal  lands  in  Lykens,  Williams,  o 
Bear  valley,  in  Dauphin  county,  to  make  a  lateral  railroa* 
from  any  convenient  point  on  the  Lykens  Valley  Railroac 
not  exceeding  in  distance  one  mile  from  the  western  terminu 
of  said  Lykens  Valley  Railroad,  to  the  Wiconisco  canal;  an 
have  and  use  a  landing  on  said  canal  of  such  capacity  as  ma 
be  necessary  for  the  accommodation  and  shipment  of  coal. 

SEC.  5.  That  the  said  owner  or  owners,  lessee  or  lessees  a 
aforesaid,  may  apply  by  petition  to  the  court  of  quarte 
sessions  of  the  peace  of  the  county,  whose  duty  it  shall  be  t 
appoint  three  disinterested  persons  to  view  the  premises,  asses 
whatever  damages,  if  any,  which  may  have  been  sustained  b 
the  owner  or  owners  of  the  ground  to  be  used  and  occupie 


67 

by  said  lateral  railroad  and  landing;  which  valuation  made  by 
the  viewers  shall  be  reported  to  the  court,  shall  be  conclusive: 
Provided,  That  security,  to  be  approved  by  the  said  court,  shall 
be  given  before  the  ground  shall  be  broken  for  the  construc- 
tion of  said  lateral  railroad  and  landing. 


AN    ACT    FIXING    THE    GUAGES    OF    RAILROADS    IN    THE 
COUNTY  OF  ERIE. 

Approved  nth  March,  1851.     (P.  L.,  1851,  page  155.) 

WHEREAS,  The  guages  or  width  between  the  rails  of  the 
several  railroad  tracks  in  the  State  of  New  York  are  four  feet 
eight  and  one-half  inches,  or  six  feet. 

AND  WHEREAS,  By  the  general  railroad  law  of  the  State  of 
Ohio,  the  guages  of  the  railroads  of  that' State  are  fixed  at  four 
feet  ten  inches ;  therefore, 

SECTION  i.  That  the  guage  or  width  between  the  rails  of 
any  track  of  any  railroad  running  from  the  borough  of  Erie, 
in  the  county  of  Erie,  westwardly  to  the  Ohio  State  line,  or  of 
any  part  of  any  railroad,  which  shall  or  may  be  located  between 
a  line  running  due  south  from  the  town  of  Erie  to  the  Ohio 
river  and  the  Ohio  State  line,  or  of  any  railroad,  any  part  of 
which  shall  or  may  be  used  in  connecting  any  railroad  leading 
eastwardly  from  the  town  of  Erie,  or  from  any  point  in  the 
aforesaid  due  south  line  with  any  railroad  leading  westwardly 
to  the  Ohio  State  line,  for  the  constructjpn  of  which,  or  either 
of  which,  a  company  nowr  is  or  may  hereafter  be  incorporated 
by  the  laws  of  this  Commonwealth,  shall  be  of  the  width  of 
four  feet  and  ten  inches,  and  no  other. 

SEC.  2.  That  the  guage  of  any  railroad  running  from  the 
New  Y^frk  State  line  westwardly  shall,  as  far  as  the  town  of 
Erie,  or  as  far  as  the  line  running  due  south  from  the  town  of 
Erie  to  the  Ohio  river,  be  constructed  either  of  the  guage  of 
six  feet  or  of  the  guage  of  four  feet  eight  and  one-half  inches : 
Provided,  That  nothing  in  this. act  contained  shall  be  so  con- 
strued as  in  any  way  to  enlarge  the  privileges  or  franchises  of 


68 

any  company  now  incorporated  by  the  laws  of  this  Common 
wealth,  except  so  far  as  regards  the  guage  or  width  betweer 
the  rails. 

(See  act  6th  February,  1852,  fixing  guage  in  other  parts  o 
State.) 

(See  act  I  ith  April,  1853,  allowing  guage  to  be  of  any  widtl 
that  directors  may  deem  expedient.) 


AN  ACT  RELATING  TO  COUNTY  PRISONS,  *  *  *  AN! 
RELATIVE  TO  THE  SERVICE  OF  PROCESS  ON  FOREIGI^ 
INSURANCE  COMPANIES  AND  OTHER  CORPORATIONS 

Approved  8th  April,  1851.     (P.  L.,  1851,  page  354.} 

SECTION  6.  That  in  any  case  when  any  insurance  compam 
or  other  corporation  shall  have  an  agency,  or  transact  an} 
business  in  any  county  of  this  Commonwealth,  it  shall  am 
may  be  lawful  to  institute  and  commence  an  action  agains 
such  insurance  company  or  other  corporation  in  such  county 
and  the  original  writ  may  be  served  upon  the  president 
cashier,  agent,  chief,  or  any  other  clerk,  or  upon  any  director 
or  agent  of  such  company  or  corporation  within  such  county 
and  such  service  shall  be  good  and  valid  in  law,  to  all  intent 
and  purposes. 


AN  ACT  CONSTRUING  THE  FIFTH  SECTION  OF  THE  AC: 
ENTITLED  "A  FURTHER  SUPPLEMENT  TO  AN  ACT  T( 
INCORPORATE  THE  PENNSYLVANIA  RAILROAD  COM 
PANY,"  AND  RELATIVE  TO  THE  OBSTRUCTION  Ol 
PRIVATE  ROADS  BY  RAILROAD  COMPANIES,  &c. 

Approved  1 2th  April,  1851.     (P.  L.,  1851,  page  518.} 

SECTION  2.  That  any  chartered  railroad  company  in  thi 
Commonwealth  obstructing  or  impeding  the  free  use  o 
passage  of  any  private  road  or  crossing-place,  by  standing 
burden  cars  or  engines,  or  placing  other  obstructions  on  an; 
railroad  wherever  any  private  road  or  crossing-place  may  b 
necessary  to  enable  the  occupant  or  occupants  of  land  o 


69 

farms  to  pass  over  any  railroad  with  horses,  cows,  hogs,  sheep, 
carts,  wagons,  and  implements  of  husbandry,  shall  for  every 
such  offence,  after  any  agent  or  other  person  in  the  employ- 
ment of  any  railroad  company  shall  have  received  at  least 
fifteen  minutes'  verbal  notice  to  remove  burthen  cars,  engines, 
or  other  obstructions  from  any  private  road  or  crossing-place 
that  may  pass  over  any  railroad,  be  liable  for  a  penalty  of 
thirty  dollars,  which  shall  be  for  the  use  of  the  person  or  per- 
sons aggrieved,  and  which  shall  be  recovered  before  any  justice 
of  the  peace  in  the  same  manner  that  debts  not  exceeding  one 
hundred  dollars  are  by  law  recoverable.  And  in  all  suits  or 
actions  that  may  be  brought  against  any  railroad  company 
for  the  recovery  of  said  penalty  of  thirty  dollars,  the  service  of 
legal  process  on  any  agent  or  other  person  in  the  employment 
of  any  railroad  company  shall  be  as  good  and  available  in  law 
as  if  made  on  the  president  thereof. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  AN  ACT  TO  IN- 
CORPORATE THE  LEWISVILLE  AND  PROSPECTVILLE 
TURNPIKE  ROAD  COMPANY,  *  *  *  AND  RELATIVE  TO 
LATERAL  RAILROADS  AND  COUNTY  COMMISSIONERS 
IN  ALLEGHENY  COUNTY,  &c. 

Approved  1 2th  April,  1851.     (P.  L.,  1851,  page  5J<5.) 

SECTION  3.  That  it  shall  and  may  be  lawful  for  the  proprie- 
tors of  lateral  railroads,  in  the  county  of  Allegheny,  to  charge 
and  receive  from  all  persons  using  their  respective  roads  such 
toll  as  is  charged  by  the  railroads  throughout  this  Common- 
wealth in  addition  to  the  tolls  they  are  now  empowered  to 
receive. 


AN  ACT  RELATING  TO  THE  COMMENCEMENT  OF  ACTIONS 
*     *     *     TO  THE   PROTECTION  OF  FENCES,  &c. 

Approved  itfh  April,  1851.     (P.  L.,  1851,  page  615.) 

SECTION  12.  That  if  any  person  or  persons,  from  and  after 
the  passage  of  this  act,  shall  maliciously  or  voluntarily  break 
down  any  post  and  rail  or  other  fence,  put  up  for  the  enclosure 


of  lands,  and  carry  away,  break,  or  destroy  any  post,  rail 
or  other  material  of  which  such  fence  was  built,  within  thi: 
Commonwealth,  every  person  or  persons  so  offending,  am 
being  legally  thereof  convicted  before  any  justice  of  the  peact 
or  alderman  within  this  Commonwealth,  shall,  for  every  sucl 
offence,  forfeit  and  pay  the  sum  of  ten  dollars,  one  half  thereo 
to  be  paid  to  the  informer,  and  the  other  half  to  the  support  o 
the  poor  of  such  county,  township,  borough,  or  ward  when 
the  offence  has  been  committed,  together  with  costs  of  prose 
cution;  and  in  default  of  payment,  such  person  or  person: 
shall  be  imprisoned  in  the  county  jail  not  exceeding  thirty  day 
for  the  first  offence,  and  sixty  days  for  the  second :  Provided 
That  either  of  the  parties  shall  have  the  right  of  appeal  in  tht 
same  manner  as  in  civil  cases. 

(This  act  has  no  special  reference  to  railroads,  and  wa: 
repealed  23d  March,  1865.) 


AN  ACT  TO  INCORPORATE  A  COMPANY  TO  ERECT  / 
BRIDGE  OVER  THE  SCHUYLKILL  RIVER  AT  SPRING 
MILL,  *  *  *  TO  ACTIONS  FOR  DAMAGES  SUSTAINS! 
BY  INJURIES  DONE  TO  THE  PERSON  BY  NEGLIGENCE 
OR  DEFAULT,  &c. 

Approved  i $th  April,  1851.     (P.  L.,  1851, page  674.} 

SECTION  18.  That  no  action  hereafter  brought  to  recove: 
damages  for  injuries  to  the  person  by  negligence  or  defaul 
shall  abate  by  reason  of  the  death  of  the  plaintiff;  but  th( 
personal  representatives  of  the  deceased  may  be  substitutec 
as  plaintiff,  and  prosecute  the  suit  to  final  judgment  anc 
satisfaction. 

SEC.  19.  That  whenever  death  shall  be  occasioned  by  unlaw 
ful  violence  or  negligence,  and  no  suit  for  damages  be  brough 
by  the  party  injured  during  his  or  her  life,  the  widow  of  an) 
such  deceased,  or,  if  there  be  no  widow,  the  personal  repre 
sentatives,  may  maintain  an  action  for  and  recover  damage.' 
for  the  death  thus  occasioned. 


AN  ACT  TO  INCORPORATE  THE  SUSQUEHANNA  AND  ERIE 
RAILROAD  COMPANY. 

Approved  i$th  April,  1851.     (P.  L.,  1852,  page  722.) 

SECTION  7.  That  it  shall  not  be  lawful  for  any  private  indi- 
vidual or  association  of  individuals,  or  any  company  or  com- 
panies, to  construct  a  private  railroad,  connecting  with  any 
railroad  authorized  to  be  constructed  by  the  laws  of  this  State, 
with  the  Ohio  and  New  York  State  lines,  or  with  any  railroad 
constructed,  or  to  be  constructed,  in  the  States  of  Ohio  and 
New  York;  and  it  shall  not  be  lawful  for  any  railroad  company 
authorized  by  the  laws  of  this  State  to  connect  with  any  such 
private  railroad,  and  any  violation  of  the  provisions  of  this  act 
shall  subject  all  individuals  or  associations  of  individuals  vio- 
lating the  same  to  the  jurisdiction  of  the  courts  of  this  State, 
and  to  such  forfeiture  as  the  legislature  may  hereafter  direct. 


'AN  ACT  REGULATING  RAILROAD  GAUGES,  AND  SUPPLE. 
MENTARY  TO  THE  ACT  INCORPORATING  THE  CATA- 
WISSA  AND  TOWANDA  RAILROAD  COMPANY,  WITH  AN 
EXTENSION  TO  THE  NEW  YORK  AND  ERIE  RAILROAD 
AT  SOME  CONVENIENT  POINT  ON  THE  STATE  LINE. 

Approved  6th  February,  1852.     (P.  L.,  r8$2,  page  35.} 

SECTION  3.  That  said  company  shall  have  the  right  to  locate, 
biiild,  or  construct  a  railroad  of  one  or  more  tracks,  beginning 
at  some  convenient  point  in  the  village  of  Catawissa,  in  the 
county  of  Columbia,  thence  up  Fishing  creek,  or  some  of  its 
branches,  and  through  the  counties  of  Sullivan  and  Bradford 
to  a  point  at  the  State  line  which  may  give  a  proper  and  con- 
venient connection  with  the  New  York  and  Erie  Railroad  : 
Provided,  That  the  time  of  commencing  the  said  road  be 
extended  to  five  years  from  the  passing  of  this  act,  and  the 
time  for  completing  to  ten  years  from  the  same  time :  And 
provided  further,  That  the  gauge  of  the  track  of  said  railroad 
shall  be  the  same  as  the  gauge  of  the  track  of  the  railroads 
built  and  owned  by  the  State;  and  any  and  every  railroad 


hereafter  constructed  through  any  portion  of  Pennsylvania, 
from  any  point  eastward  of  a  line  running  due  south  across 
the  State  from  the  State  line  beginning  at  the  east  line  of  Erie 
county,  shall  be  of  the  same  gauge  as  the  railroads  built  and 
owned  by  the  State,  and  no  other ;  and  if  any  company  shall 
hereafter  build  or  construct  a  railroad,  having  a  southern  or 
eastern  connection  with  any  railroad  leading  to  or  towards 
Philadelphia  or  Harrisburg,  of  a  different  gauge  from  the  gauge 
of  the  railroads  built  and  owned  by  the  State,  then  and  in  such 
case  all  and  singular  the  rights,  powers,  and  privileges  con- 
ferred on  such  company  by  its  charter,  or  by  any  supplement 
thereto,  shall  be  adjudged  null  and  void :  Provided,  That 
nothing  contained  herein  shall  be  construed  to  apply  to  the 
New  York  and  Erie  Railroad,  to  the  Tioga  Railroad,  to  the 
Lackawanna  and  Western  Railroad  already  constructed  and 
in  operation,  nor  to  the  act  fixing  the  gauges  of  railroads  in 
the  county  of  Erie,  passed  the  eleventh  day  of  March,  1851. 
(Repealed  nth  April,  1853,  as  respects  gauges.) 


AN  ACT  AUTHORIZING  THE  PENNSYLVANIA  RAILROAD 
COMPANY  TO  RUN  THEIR  CARS  OVER  CONNECTING 
AND  CONTINUOUS  RAILROADS. 

Approved  jd  March,  1853.     (p>  L>>  fS53<  Page  *37*} 

SECTION  i.  That  the  Pennsylvania  Railroad  Company  be 
and  they  are  hereby  authorized  to  run  their  cars  and  locomo- 
tives over  all  connecting  and  continuous  railroads,  with  the 
consent  of  the  companies  owning  the  same,  and  also,  their 
cars  over  the  railroads  belonging  to  this  Commonwealth,  for 
the  transportation  of  freight,  (passengers,  their  baggage,  and 
the  United  States  mails,*)  with  the  right  of  attachment  to  the 
motive-power  of  the  State,  employed  for  these  respective  pur- 
poses, upon  such  terms  and  conditions  as  may  be  agreed  upon 
between  the  canal  commissioners  and  said  Pennsylvania  Rail- 
road Company,  or  in  case  of  failure  to  agree,  then  upon  terms 

*  Repealed  I3th  May,  1855. 


73 

and  conditions  that  shall  not  be  less  favorable  to  said  company 
than  those  that  may  be  established  from  time  to  time,  by  the 
canal  commissioners,  for  the  government  of  individuals  doing 
business  on  said  railroads,  except  those  engaged  in  the  trans- 
portation of  freight  passing  the  whole  distance  between  Phila- 
delphia and  Pittsburg,  over  the  public  works :  Provided, 
That  nothing  herein  contained  shall  be  so  construed  as  to 
affect  or  impair  the  contract  made  with  Bingham  and  Dock, 
for  the  transportation  of  passengers  and  mails  over  the  Phila- 
delphia and  Columbia  Railroad  by  said  commissioners,  which 
contract  is  hereby  confirmed :  Provided,  That  the  legislature 
hereby  reserves  the  right  to  repeal  this  act  of  assembly,  in 
such  manner,  however,  that  no  injustice  shall  be  done  to  the 
parties  :  And  provided,  That  the  canal  commissioners  shall  at 
all  times  be  required  to  run  a  sufficient  number  of  engines 
between  Lancaster  and  Philadelphia  to  accommodate  the  local 
and  way  freight. 


AN  ACT  REPEALING  THE  ACTS  REGULATING  THE  GAUGE 
OF  THE  TRACK  OF  RAILROADS. 

Approved  nth  April,  1833.     (P.  L.,  1853,  page  366.} 

SECTION  I .  That  every  railroad  company  heretofore  chartered, 
or  which  may  hereafter  be  chartered,  is  hereby  authorized  to 
construct  or  change  their  gauge  or  gauges  of  road  to  such 
width  as  the  directors  of  such  railroad  company  may  deem 
expedient,  and  all  laws  inconsistent  with  this  provision  be 
and  they  are  hereby  repealed. 


AN  ACT  RELATIVE  TO  SUITS  IN  EJECTMENTS. 

Approved  i8th  April,  1853.     (P.  L.t  1853,  page  467.) 

SECTION  i.  That  any  person  wishing  to  bring  ejectment  for 
land  claimed  adversely  to  him  by  any  person  or  corporation 
not  resident  or  being  within  the  county  where  such  land  lies, 


74 

may  bring  his  action  and  serve  the  writ  on  any  person  withii 
the  county  having  charge  or  superintendence  of  the  land,  ii 
behalf  of  or  as  agent  of  such  party  claiming  adversely 
Provided,  That  before  any  trial  or  judgment  shall  be  had  ii 
such  suit,  it  shall  be  made  to  appear  to  the  satisfaction  of  th< 
court  that  the  defendant  has  had  notice,  in  fact,  of  the  suit  ii 
time  to  appear  and  defend  it,  and  if  the  defendant  be  a  corpor 
ation,  this  notice  may  be  given  to  the  president  or  othe 
chief  officer  of  it. 


AN  ACT  TO  APPOINT  COMMISSIONERS  TO  RUN  ANE 
MARK  THE  COUNTY  LINES  BETWEEN  YORK,  CUMBER- 
LAND,  AND  ADAMS  COUNTIES;  *  *  *  RELATIVE  TC 
RAILROADS  AND  PLANK  ROADS  IN  CLARION  COUNTY 
&c. 

Approved  i8th  April,  1853.      (P.  Z,.,  fSjj,  page  528.) 

SECTION  23.  That  the  provisions  of  the  second  section  o 
the  act  entitled  "  An  act  authorizing  the  paving  of  Gray'i 
Ferry  road,"  &c.,  approved  the  fifth  day  of  April,  A.  D.  1849 
are  hereby  extended  to  the  county  of  Clarion,  and  that  in  the 
cases  mentioned  in  said  section,  lateral  railroads  may  be  con- 
structed in  said  county,  not  exceeding  four  miles  in  length,  tc 
connect  with  any  streams  in  which  logs  can  be  floated  in  the 
time  of  freshets,  instead  of  plank  roads,  under  and  subject  tc 
all  the  provisions  of  the  act  regulating  lateral  railroads,  ap- 
proved the  fifth  day  of  May,  Anno  Domini  eighteen  hundrec 
and  thirty-two,  and  that  it  may  be  lawful  for  any  person  01 
persons  owning  or  using  saw-mills  on  Mill  creek,  or  at  the 
mouth  thereof,  to  float  logs  in  said  creek  from  his  or  theii 
lands  to  their  mills  on  said  creek,  or  at  the  mills  at  the  mouth 
of  said  creek :  Provided,  This  act  shall  only  extend  to  that  part 
of  said  creek  in  Clarion  county  from  the  forks  to  the  mouth 
thereof. 


75 

AN  ACT  FOR  THE  PROTECTION  OF  MECHANICS  AND 

LABORERS. 

Approved  22d  April,  1854.     (P.  L.,  1854,  page  480.) 

SECTION  I.  That  in  all  assignments  of  property,  whether 
real  or  personal,  which  shall  hereafter  be  made  by  any  person 
or  persons,  or  chartered  company,  to  trustees  or  assignees,  on 
account  of  inability  at  the  time  of  the  assignment  to  pay  his 
or  their  debts,  the  wages  of  miners,  mechanics,  and  laborers 
employed  by  such  person  or  persons,  or  chartered  company, 
shall  be  first  preferred  and  paid  by  such  trustees  or  assignees, 
before  any  other  creditor  or  creditors  of  the  assignor :  Provided, 
That  any  one  claim  thus  preferred  shall  not  exceed  one 
hundred  dollars. 


AN  ACT  TO  EXEMPT  CERTAIN  LOANS  AND  BONDS  FROM 

TAXATION. 

Approved  ist  May,  1854.     (P-  •£•»  i$54>  pages  535  and 536.) 

SECTION  i.  That  all  certificates  of  loan  now  issued,  or  which 
may  be  hereafter  issued  by  the  city  of  Philadelphia,  or  any  of 
the  incorporated  districts  of  the  county  of  Philadelphia,  in  pay- 
mf  nt  of  subscriptions  already  made,  or  which  may  be  hereafter 
made,  by  the  municipal  authorities  of  said  city  or  incorporated 
districts,  to  the  capital  stock  of  any  railroad  company,  and  all 
bonds  or  certificates  of  loans  of  any  railroad  company  incor- 
porated by  this  Commonwealth,  be  and  the  same  shall  be 
liable  to  taxation  for  State  purposes  only. 


AN    ACT    TO  PRESCRIBE    THE    MANNER    OF  COLLECTING 
CERTAIN  TAXES. 

Approved sth  May,  1854.     (P.  L.,  1854, page  569.} 

SECTION  i.  That  whenever  a  tax  is  charged  upon  the  ton- 
nage of  any  railroad  in  this  Commonwealth,  the  distance  shall 
be  estimated  by  taking  the  nearest  whole  number  of  miles, 


76 

rejecting  fractions  not  greater  than  a  half  a  mile,  and  adding 
one  to  the  whole  number  when  the  fraction  is  more  than  hal: 
a  mile. 

SEC.  2.  That  the  tax  shall  be  charged  on  the  whole  distance 
from  the  place  of  shipment  to  the  place  of  delivery,  whethei 
the  shipment  be  made  upon  a  siding  or  branch  belonging  tc 
the  company  which  pays  the  tax,  or  upon  the  main  line,  subject 
to  the  provisions  of  section  one  of  this  act. 


AN  ACT    RELATIVE  TO   WEIGHMASTERS    OF    RAILROADS 
IN  SCHUYLKILL  COUNTY. 

Approved ^th  May,  1854.     (P.  L.,  1854,  pages  570  and 571.) 

SECTION  i.  That  from  and  after  the  passage  of  this  act,  it 
shall  be  the  duty  of  the  collector  or  weighmaster  on  each,  and 
every  of  the  several  railroads  within  the  county  of  Schuylkill, 
to  weigh  separately,  each  and  every  consignment  of  coal 
passing  over  said  railroads,  and  keep  a  correct  record  of  such 
consignments  in  a  book,  or  books  to  be  kept  for  that  purpose, 
and  on  application,  shall  furnish  monthly  to  each,  and  all  the 
owners,  (or  their  agents,)  of  coal  lands  lying  in  the  county  of 
Schuylkill,  a  certified  copy  of  the  record  of  the  weights  of  each 
kind  of  coal,  and  each  and  every  separate  consignment  of  coal 
passed  over  the  scale  of  each  of  said  railroads,  respectively 
mined  from  lands  of  said  owners,  and  for  each  and  every  cer- 
tificate so  furnished,  the  said  collectors  or  weighmasters  shall 
be  allowed  to  charge  the  sum  of  twelve  and  a  half  cents,  and 
any  collector  or  weighmaster  refusing  to  furnish  such  certifi- 
cate on  application  as  aforesaid,  shall  be  subject  to  a  fine  or 
penalty  of  fifty  dollars  for  each,  and  every  such  refusal,  to  be 
recovered  as  sums  of  like  amount  are  now  recoverable  by  law : 
Provided,  That  nothing  herein  contained  shall  alter,  or  change 
the  authority  of  any  of  the  said  railroad  companies  to  charge 
the  rates  now  allowed  to  be  charged  for  weighing  coal. 


77 

AN  ACT  SUPPLEMENTAL  TO  AN  ACT  ENTITLED  "AN  ACT 
TO  INCORPORATE  THE  CLEVELAND  AND  PITTSBURG 
RAILROAD  COMPANY." 

Approved  2d  March,  1855.     (P.  L.,  fSjj,  page  63.) 

SECTION  i.  That  the  Cleveland  and  Pittsburg  Railroad 
Company  be  and  it  is  hereby  authorized  to  sell  any  bonds 
held  by  it  in  payments  for  subscriptions  made  to  the  capital 
stock  of  said  company,  by  the  counties  of  Beaver  and  Alle- 
gheny, at  such  rates  below  par  as  may  be  agreed  upon  be- 
tween said  company  and  the  parties  purchasing  the  same : 
Provided,  That  no  sale  shall  be  consummated  until  the  com- 
missioners of  the  county  which  issued  the  bonds  shall  have 
by  resolution,  determined  the  lowest  price  at  which  said  rail- 
road company  may  sell  the  same,  said  resolution  to  be 
recorded  in  the  minutes  of  their  proceedings ;  and  so  much 
of  any  act  or  acts  of  assembly  as  is  hereby  altered  or  sup- 
plied, be  and  the  same  is  hereby  repealed. 


AN  ACT  RELATING  TO  THE  SUBSCRIPTIONS  OF  ALLE- 
GHENY COUNTY  TO  CERTAIN  RAILROAD  COMPANIES. 

Approved  2jth  March,  1855.     (P.  L.t  fSjj,  page  129.) 

SECTION  i.  That  the  provisions  of  an  act,  entitled  "An  act 
supplemental  to  an  act,  entitled  '  An  act  to  incorporate  the 
Cleveland  and  Pittsburg  Railroad  Company,'  "  approved  the 
second  day  of  March,  1855,  be  and  the  same  are  hereby 
extended  to  all  railroad  companies,  to  the  capital  stock  of 
which  companies  subscription  has  been  made  by  the  county 
of  Allegheny,  on  special  contract  or  agreement  with  the 
county  commissioners. 


78 

SUPPLEMENT  TO  AN  ACT  RELATING  TO  THE  COM- 
MENCEMENT  OF  ACTIONS,  APPROVED  THE  THIR- 
TEENTH  DAY  OF  JUNE,  1836. 

Approved  izth  April,  1833.     (P.  L.,  jSjj,  page  213.) 

SECTION  I.  That  no  person  or  company  engaged  in  the 
business  of  forwarding  or  transporting  goods,  wares,  and 
merchandise  shall  be  made  liable  in  any  proceedings  in  attach- 
ments as  garnishee  or  otherwise,  when  such  goods,  wares,  or 
merchandise  are  in  transitu,  and  at  the  time  of  service  of  pro- 
cess beyond  the  limits  of  this  Commonwealth,  without  default, 
collusion,  or  fraud  on  the  part  of  such  person  or  company. 


AN  ACT  RELATIVE  TO  THE  ERECTION  OF  BRIDGES 
OVER  CANALS  AND  RAILROADS. 

Approved  1 2th  April,  fSjj.     (P.  L.}  1855,  page  220.) 

SECTION  i.  That  the  provisions  of  the  laws  of  this  Com- 
monwealth relative  to  the  erection  of  bridges  over  rivers, 
creeks,  or  rivulets,  be  and  the  same  are  hereby  extended  to 
the  erection  of  bridges  over  canals  and  railroads :  Provided, 
That  bridges  erected  under  the  provisions  of  this  act  shall  not 
obstruct  any  canal  or  railroad  over  which  such  bridge  may  be 
erected:  And  provided  further.  That  nothing  in  this  act  shall 
release  railroad,  or  other  companies,  or  the  Commonwealth, 
from  the  requirements  of  existing  laws. 


A  SUPPLEMENT  TO  THE  ACT  CONSOLIDATING  THE  CITY 
OF  PHILADELPHIA. 

Approved  2ist  April,  s8jj.     (P.  L,,  1855,  pages  264-66,} 

SECTION  10.  That  hereafter  no  railroad  company,  whose 
road  does  or  shall  terminate  within  the  city  of  Philadelphia, 
shall  have  the  right  or  power  to  locate  and  construct  that 
part  of  said  road  which  shall  extend  within  the  limits  of  said 


79 

city,  without  first  submitting  the  plans  and  surveys  thereof, 
exhibiting  the  grades  and  routes,  to  the  board  of  survey  of 
said  city,  who  shall  have  the  power  to  conform  the  same  as 
far  as  may  be  practicable,  to  the  general  plan  and  regulations 
of  said  city,  as  adopted  at  that  time  ;  and  all  charters  author- 
izing the  construction  of  any  railroad  within  said  city,  shall 
be  taken  to  be  subject  to  the  above  restriction  :  Provided,  That 
this  shall  not  be  construed  to  apply  to  any  railroad  already 
graded  or  laid  with  rails  in  said  city,  unless  the  route  or  grade 
thereof  shall  be  altered. 


AN    ACT    RELATING    TO     DAMAGES    FOR    INJURIES    PRO- 
DUCING DEATH. 

Approved  26th  April,  fSjj.     (P.  L.,  1855,  page  309.) 

SECTION  i.  That  the  persons  entitled  to  recover  damages 
for^any  injury  causing  death  shall  be  the  husband,  widow, 
children,  or  parents  of  the  deceased,  and  no  other  relative; 
and  the  sum  recovered  shall  go  to  them  in  the  proportion 
they  would  take  his  or  her  personal  estate  in  case  of  intestacy, 
and  that  without  liability  to  creditors. 

SEC.  2.  That  the  declaration  shall  state  who  are  the  parties 
entitled  in  such  action ;  the  action  shall  be  brought  within 
one  year  after  the  death,  and  not  thereafter. 


AN  ACT  RELATING  TO  CORPORATIONS,  AND  TO  ESTATES 
HELD  FOR  CORPORATE,  RELIGIOUS,  AND  CHARITABLE 
USES. 

Approved  26th  April,  ^855.      (P.  L.,  fSjf,  pages  328  and  329.} 

SECTION  I.  That  it  shall  not  be  lawful  for  any  councilman, 
burgess,  trustee,  manager,  or  director  of  any  corporation, 
municipality,  or  public  institution  to  be  at  the  same  time  a 


8o 

treasurer,  secretary,  or  other  officer,  subordinate  to  the  presi 
dent  and  directors,  who  shall  receive  a  salary  therefrom,  or  b 
the  surety  of  such  officer ;  nor  shall  any  member  of  an 
corporation  or  public  institution,  or  any  officer  or  agent  there 
of,  be  in  anywise  interested  in  any  contract  for  the  sale  o 
furnishing  of  any  supplies  or  materials  to  be  furnished  to  o 
for  the  use  of  any  corporation,  municipality,  or  public  institu 
tion  of  which  he  shall  be  a  member  or  officer,  or  for  whicl 
he  shall  be  an  agent,  nor  directly  nor  indirectly  interestec 
therein,  nor  receive  any  reward  or  gratuity  from  any  persoi 
interested  in  such  contract  or  sale ;  and  any  person  violating 
these  provisions,  or  either  of  them,  shall  forfeit  his  member 
ship  in  such  corporation,  municipality,  or  institution,  and  hi; 
office  or  appointment  thereunder,  and  shall  be  held  guilty  o 
a  misdemeanor,  and  on  conviction  thereof,  shall  forfeit  an) 
sum  not  less  than  three  times  any  advantage  he  may  have 
derived  by  such  offence,  if  any,  and  if  no  such  advantage 
have  been  received,  then  any  sum  in  the  discretion  of  the 
court  of  quarter  sessions  of  the  proper  county,  not  exceeding 
five  hundred  dollars  for  each  offence:  Provided,  That  private 
corporations  heretofore  incorporated,  with  any  right  or  privi- 
lege in  conflict  with  this  section,  shall  not  be  affected  thereby 
until  such  corporation  shall,  by  resolution,  agree  to  adopt 
the  provisions  hereof,  which  it  is  hereby  authorized  to  do. 

SEC.  2.  That  any  person  who  shall  contract  for  the  sale  or 
sell  any  supplies  or  materials  as  aforesaid,  and  shall  cause  to 
be  interested  in  any  such  contract  or  sale  any  member, 
officer,  or  agent  of  any  corporation,  municipality,  or  institu- 
tion, or  give  or  offer  any  such  person  any  reward  or  gratuity, 
to  influence  him  or  them  in  the  discharge  of  their  official 
duties,  shall  not  be  capable  of  recovering  anything  upon  any 
contract  or  sale,  in  relation  to  which  he  may  have  so  practiced 
or  attempted  to  practice  corruptly,  but  the  same  shall  be  void; 
and  such  party  shall  be  liable  to  conviction  for  a  misdemeanor 
in  the  court  of  quarter  sessions  of  the  proper  county,  and 
shall  be  fined  three  times  the  amount  so  given  or  offered 
corruptly,  if  ascertained,  and  if  not  ascertained,  any  sum 
not  exceeding  five  hundred  dollars,  in  the  discretion  of 
said  court. 


•I 

AN  ACT  EXTENDING  THE  RIGHT  OF  TRIAL  BY  JURY  TO 
CERTAIN    CASES. 

Approved  27 th  April,  1855.      ( P.  L. ,  fSjf,  page  365. ) 

SECTION  i.  That  in  all  cases  that  may  hereafter  arise  under 
the  act  of  assembly  regulating  railroad  companies,  approved 
the  nineteenth  day  of  February,  Anno  Domini  one  thousand 
eight  hundred  and  forty-nine,  any  party  or  parties  who  may 
be  aggrieved  by  the  report  or  award  of  viewers  appointed 
under  said  act,  may  at  any  time,  within  thirty  days  after  the 
confirmation  of  such  report,  appeal  from  the  same  to  the  court 
of  common  pleas  by  which  said  viewers  were  appointed. 


AN  ACT  RELATING  TO  CORPORATIONS. 

Approved  jd  May,  1855.     (?•  •£••  ^SS>  pages  423  and  424.} 

SECTION  I.  That  every  charter  of  incorporation  granted  or 
to  be  granted  shall  be  deemed  and  taken  to  be  subject  to  the 
power  of  the  legislature,  unless  expressly  waived  therein,  to 
alter,  revoke,  or  annul  the  same,  whenever  in  their  opinion  it 
may  be  injurious  to  the  citizens  of  the  Commonwealth ;  in 
such  manner,  however,  that  no  injustice  shall  be  done  to  the 
corporators,  and  as  fully  as  if  the  reservation  of  said  power 
had  been  therein  expressed. 


AN  ACT  TO  PROVIDE  FOR  THE  DESTRUCTION  OF 
CANADA  THISTLES  AND  OTHER  NOXIOUS  WEEDS, 
AND  THE  MAINTAINING  OF  DITCHES  ON  THE  BANKS 
OF  RAILROADS  IN  THE  COUNTY  OF  ERIE. 

Approved  jth  May,  1855.     (•?*•  L.t  '855,  pages  476  and  477.} 

SECTION* I.  That  it  shall  be  the  duty  of  the  several  railroad 
:orporations  owning  or  working  railroads  within  the  county 
)f  Erie,  wherever  water  accumulates  along  the  same  to  the 
njury  of  the  adjoining  land,  to  excavate  and  maintain,  on 


82 

both  sides  thereof,  ditches,  of  sufficient  width  and  depth  am 
of  suitable  grade  to  drain  off  the  water  in  such  manner  as  t( 
protect  the  adjoining  land  from  wash  or  soakage ;  and  it  shal 
further  be  the  duty  of  the  several  railroad  companies  aforesai( 
to  cause  all  Canada  thistles  and  other  noxious  weeds  growing 
on  any  lands  owned  or  occupied  by  such  corporation  to  b 
cut  down  twice  in  each  and  every  year, — once  between  th< 
fifteenth  day  of  June  and  first  day  of  July,  and  once  betwee: 
the  fifteenth  day  of  August  and  the  first  day  of  September. 

SEC.  2.  That  if  the  said  corporations,  or  any  or  either  c 
them,  shall  neglect  to  make  and  maintain  good  and  sufficien 
drains  or  ditches  to  carry  off  the  water,  so  as  to  prevent  was] 
or  soakage  on  the  adjacent  land,  or  shall  neglect  to  cause  t 
be  cut  down  all  Canada  thistles  and  other  noxious  weeds  a 
the  times  mentioned  in  this  act,  it  shall  be  lawful  for  an; 
person  to  cut  the  same  between  the  first  and  fifteenth  days  c 
July  and  between  the  first  and  fifteenth  days  of  Septembei 
and  to  make,  open,  and  repair  said  drains  and  ditches,  at  th 
expense  of  the  corporation  on  whose  lands  said  drains  an< 
ditches  are  to  be  made  and  on  which  said  Canada  thistles  o 
other  noxious  weeds  shall  be  so  cut,  at  the  rate  of  one  dolla 
per  day  for  the  time  so  occupied  in  doing  the  same,  to  b 
recovered  as  debts  of  like  amount  are  recoverable,  in  an 
court  of  justice  within  the  county  of  Erie. 


AN  ACT  DECLARATORY  OF  THE  CONSTRUCTION  OF  TH: 
ELEVENTH  SECTION  OF  AN  ACT  PASSED  ON  TH! 
TWENTY-SIXTH  DAY  OF  JULY,  ANNO  DOMINI  ON 
THOUSAND  EIGHT  HUNDRED  AND  FORTY-TWO. 

Approved  2$th  February,  1856.     (P.  L.,  1856,  page  61.) 

SECTION  i.  That  it  is  hereby  declared  to  be  the  true  inter 
and  meaning  of  the  eleventh  section  of  an  act  to  incorporal 
the  Liberty  Fire  Company,  of  Holmesburg,  in  the  county  ( 
Philadelphia,  approved  the  twenty-sixth  day  of  July,  Ann 


83 

Domini  one  thousand  eight  hundred  and  forty-two,  and  its 
true  and  legal  effect  shall  be,  that  in  all  cases  where  any 
railroad  or  canal  company,  authorized  by  existing  laws  to 
issue  bonds,  certificates  of  loan,  or  evidences  of  indebtedness 
secured  by  mortgage,  may  have  issued  or  shall  hereafter 
issue  any  such  bonds,  certificates  of  loan,  or  evidences  of 
indebtedness,  executed  by  such  company,  and  has  disposed 
of  or  may  hereafter  dispose  of  the  same  at  less  than  their  par 
value,  such  transactions  shall  not  be  deemed  usurious  or  in 
violation  of  any  law  of  this  Commonwealth  prohibiting  the 
taking  of  more  than  six  per  cent,  interest. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  REGU- 
LATING RAILROAD  COMPANIES,"  APPROVED  THE 
NINETEENTH  DAY  OF  FEBRUARY,  ANNO  DOMINI  ONE 
THOUSAND  EIGHT  HUNDRED  AND  FORTY-NINE. 

Approved  qth  April,  1856.     (P.  L.,  1856,  pages  288  and  289.) 

WHEREAS,  Some  doubts  and  difficulties  have  arisen  in 
regard  to  the  intention  and  proper  construction  of  the  first 
section  of  a  certain  act,  approved  the  twenty-seventh  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  and  fifty-five, 
entitled  "An  act  extending  the  right  of  trial  by  jury  to  certain 
cases;"  now,  for  the  removal  of  said  doubts  and  difficulties 
and  for  certainty  in  the  premises — 

SECTION  i.  Be  it  enacted,  £c.,  That  the  true  intent  and 
meaning  of  the  said  act  was,  that  it  should  apply  to  and 
embrace  cases  pending  at  the  time  of  the  passage  of  the 
said  act. 

SEC.  2.  That  hereafter  in  all  cases  where  the  parties  cannot 
agree  upon  the  amount  of  damages  claimed,  or  by  reason  of  the 
absence  or  legal  incapacity  of  such  owner  or  owners,  no  such 
agreement  can  be  made,  either  for  lands,  water,  water-rights,  or 
materials,  the  company  shall  tender  a  bond,  with  at  least  two 
sufficient  sureties,  to  the  party  claiming  or  entitled  to  any 


84 

damages,  or  to  the  attorney  or  agent  of  any  person  absent,  or 
to  the  guardian  or  committee  of  any  one  under  legal  in- 
capacity, the  condition  of  which  shall  be,  that  the  company 
will  pay  or  cause  to  be  paid  such  amount  of  damages  as  the 
party  shall  be  entitled  to  receive,  after  the  same  shall  have 
been  agreed  upon  by  the  parties,  or  assessed  in  the  mannei 
provided  for  by  this  and  the  act  to  which  it  is  a  supplement 
Provided,  That  in  case  the  party  or  parties  claiming  damages 
refuse  or  do  not  accept  the  bond  as  tendered,  the  said  com- 
pany shall  then  give  the  party  a  written  notice  of  the  time 
when  the  same  will  be  presented  for  filing  in  court;  anc 
thereafter  the  said  company  may  present  said  bond  to  the 
court  of  common  pleas  of  the  county  where  the  lands,  water 
or  materials  are,  and  if  the  bond  and  sureties  are  approved 
the  bond  shall  be  filed  in  said  court  for  the  benefit  of  those 
interested ;  and  recovery  may  be  had  thereon  for  the  amoun 
of  damages  assessed,  if  the  same  be  not  paid  or  cannot  b< 
made  by  execution  on  the  judgment  in  the  issue  formed  tc 
try  the  question. 

SEC.  3.  That  the  viewers  provided  for  in  the  eleventl 
section  of  the  act  to  which  this  is  a  supplement,  may  b< 
appointed  before  or  after  the  entry  for  constructing  said  roa< 
or  taking  materials  therefor,  and  upon  the  report  of  sai( 
viewers,  or  any  four  of  them,  being  filed  in  said  court,  eithe 
party,  within  thirty  days  thereafter,  may  file  his,  her,  or  thei 
appeal  from  said  report  to  the  said  court ;  after  such  appea 
either  party  may  put  the  cause  at  issue  in  the  form  directe* 
by  said  court,  and  the  same  shall  then  be  tried  by  said  coui 
and  a  jury ;  and  after  final  judgment,  either  party  may  have 
writ  of  error  thereto  from  the  supreme  court,  in  the  manne 
prescribed  in  other  cases.  The  said  court  shall  have  powe 
to  order  what  notices  shall  be  given  connected  with  any  pai 
of  the  proceedings,  and  may  make  all  such  orders  connecte 
with  the  same  as  may  be  deemed  requisite.  If  any  exception 
be  filed  with  any  appeal  to  the  proceedings,  they  shall  b 
speedily  disposed  of;  and  if  allowed,  a  new  view  shall  b 
ordered ;  and  if  disallowed,  the  appeal  shall  proceed  as  befoi 
provided. 


85 

SUPPLEMENT    TO    THE    ACTS    RELATING    TO    INCORPO- 
RATIONS BY  THE  COURTS  OF  COMMON  PLEAS. 

Approved  gth  April,  1856.     (P.  L.,  1856,  page  ZQJ.) 

SECTION  i.  That  it  shall  be  lawful  for  any  court  of  common 
pleas  of  the  proper  county  to  hear  the  petition  of  any  corpo- 
ration under  the  seal  thereof,  by  and  with  the  consent  of  a 
majority  of  a  meeting  of  the  corporators,  duly  convened,  pray- 
ing for  permission  to  surrender  any  power  contained  in  its 
charter,  or  for  the  dissolution  of  such  corporation;  and  if  such 
court  shall  be  satisfied  that  the  prayer  of  such  petition  may 
be  granted  without  prejudice  to  the  public  welfare  or  the 
intq^ests  of  the  corporators,  the  court  may  enter  a  decree  in 
accordance  with  the  prayer  of  the  petition,  whereupon  such 
power  shall  cease  or  such  corporation  be  dissolved :  Provided, 
That  the  surrender  of  any  such  power  shall  not  in  anywise 
remove  any  limitation  or  restriction  in  such  charter,  and  that 
the  accounts  of  the  managers,  directors,  or  trustees  of  any 
dissolved  company  shall  be  settled  in  such  court  and  be 
approved  thereby,  and  dividends  of  the  effects  shall  be  made 
among  any  corporators  entitled  thereto,  as  in  the  case  of  the 
accounts  of  assignees  and  trustees :  Provided  further,  That  no 
property  devoted  to  religious,  literary,  or  charitable  uses  shall 
be  diverted  from  the  objects  for  which  they  were  given  or 
granted :  Provided,  That  the  decree  of  said  court  shall  not  go 
into  effect  until  a  certified  copy  thereof  be  filed  and  recorded 
in  the  office  of  the  secretary  of  the  Commonwealth. 

(By  the  title  of  this  act  it  appears  to  apply  only  to  charters 
granted  by  courts  of  common  pleas.) 


AN  ACT  RELATING  TO  THE  SERVICE  OF  PROCESS  IN 
CERTAIN  CASES. 

\  Approved  ijth  March  (April),  1856.     (P.  L.,  1856,  page  jSS.) 

SECTION  i.  That  hereafter  when  any  action  is  commenced 
by  any  person  against  any  corporation  in  any  county  in  which 
the  property  of  said  corporation  was  wholly  or  in  part  situated, 


86 

it  shall  be  lawful,  if  the  president,  treasurer,  secretary,  or  chief 
clerk  do  not  reside  or  cannot  be  found  in  such  county,  for  the 
sheriff  or  officer  to  whom  any  process  may  be  directed  to 
serve  the  same  on  any  manager  or  director  in  such  county, 
and  the  service  so  made  shall  be  deemed  sufficient ;  and  in 
case  no  director  or  manager  can  be  found  in  such  county,  it 
shall  be  lawful  for  the  sheriff  or  other  officer  to  whom  such 
process  is  directed  to  go  into  any  county  to  serve  the  process 
aforesaid. 


AN  ACT  TO  PROVIDE  FOR  THE  ORDINARY  EXPENSES  OF 
GOVERNMENT,  THE  REPAIRS  OF  THE  PUBLIC  CANALS 
AND  RAILROADS,  AND  OTHER  GENERAL  AND  SPECIAL 
APPROPRIATIONS. 

Approved  ijth  May,  1856.     (P.  L.,  1856,  page  560.) 

SECTION  41.  That  so  much  of  the  act  entitled  "An  act 
authorizing  the  Pennsylvania  Railroad  Company  to  run  their 
cars  over  connecting  and  continuous  railroads,"  approved  the 
third  day  of  March,  1853,  as  relates  to  carrying  passengers 
and  baggage  and  mails  on  the  Philadelphia  and  Columbia 
railroad,  be  and  the  same  is  hereby  repealed ;  and  the  canal 
commissioners  are  hereby  authorized  to  contract  with  responsi- 
ble persons,  or  companies  incorporated  by  any  law  of  this 
commonwealth,  for  carrying  passengers,  their  baggage,  and 
United  States  mails,  on  the  Philadelphia  and  Columbia  rail- 
road, for  a  period  not  exceeding  five  years  from  and  after  the 
expiration  of  the  contract  now  existing  between  the  canal 
commissioners  and  Bingham  &  Dock,  on  such  terms  and 
conditions  as  will  best  promote  the  interest  of  the  Common- 
wealth :  Provided,  That  from  and  after  the  first  day  of  May 
next  it  shall  not  be  lawful  for  the  city  of  Philadelphia  to  charge 
and  collect  tolls  on  the  city  railroad  for  any  greater  distance 
than  that  actually  used,  including  the  bridge  over  the  Schuyl- 
kill  river,  at  Market  street. 


A    SUPPLEMENT    TO    AN    ACT    RELATING    TO    DAMAGES 
FOR    INJURIES    PRODUCING    DEATH. 

Approved  zoth  December •,  1856.     (P.  L.,  1857,  PaSe  79^0 

SECTION  i.  That  the  act,  approved  the  twenty-sixth  day  of 
April,  1855,  entitled  "An  act  relating  to  damages  for  injuries 
producing  death,"  shall  not  be  construed  retrospectively,  either 
as  to  rights  of  actions  accrued  or  actions  pending,  but  that 
the  limitation  of  one  year  therein  named  shall  be  restricted  to 
cases  accruing  from  and  after  the  passage  of  said  act. 


AN    ACT    RELATIVE    TO    ASSIGNEES    AND    TRUSTEES    OF 
RAILROAD    COMPANIES. 

Approved  i6th  May,  1857.     (P.  L.,  1857,  page  538.} 

SECTION  i.  That  hereafter  no  assignees  or  trustees  who,  in 
the  discharge  of  the  duties  of  their  trust,  have  entered  or  shall 
enter  into  the  possession  and  management  of  any  railroad  under 
any  deed  of  assignment  or  mortgage,  shall  be  personally 
responsible  for  any  damage  which  may  occur  to  any  passenger 
or  other  person  by  collision,  force,  or  violence  occurring  in  the 
operation  of  the  railroad  and  locomotives  so  in  their  manage- 
ment, without  any  default  or  misconduct  of  such  assignees  or 
trustees ;  and  if  any  case  of  damages  shall  occur  by  reason 
aforesaid,  for  which  the  railroad  company  if  managing  the 
road  would  be  liable,  the  damage  may  be  recovered  against 
the  assigning  or  mortgaging  company,  and  execution  therefor 
shall  be  levied  of  the  property  and  effects  held  in  trust  by 
such  assignees  or  trustees,  or  of  any  trust  funds  in  their  hands, 
by  execution  or  attachment  of  execution,  and  be  paid  as  part 
of  the  expenses  of  administering  the  trust,  in  preference  to 
the  creditors  of  the  company,  and  the  assignees  and  trustees 
shall  accordingly  have  credit  therefor  in  their  accounts ;  and 
it  shall  be  lawful  for  such  assignees  or  trustees  to  make  settle- 
ment of  such  claims  for  damages  by  compromise,  approved 
by  any  court  having  jurisdiction  of  their  accounts. 


A  SUPPLEMENT  TO    THE  ACT  REGULATING  RAILROADS 

Approved  soth  May,  1857.     (•?•  •£••  J857>  Pa£e  629.) 

SECTION  i.  That  no  lateral  or  private  railroad  leading  fron 
any  ore  mine,  coal  mine,  or  limestone  or  other  quarry,  no\ 
having  the  right  to  cross,  at  grade,  the  track  of  any  railroa* 
authorized  to  be  built  by  any  special  charter  granted  by  thi 
Commonwealth,  shall  be  permitted  to  cross  such  track  of  sue! 
chartered  railroad  at  more  than  two  crossings,  or  with  mor 
than  a  double  track;  and  the  proprietors  of  any  such  latera 
or  private  railroad  leading  from  any  such  mine,  opening,  o 
tunnel,  shall,  at  the  point  of  crossing  such  chartered  railroad 
be  confined  to  a  double  track;  and  the  company  owning  sue! 
chartered  railroad  shall  have  the  right,  in  any  case,  to  enfora 
compliance  with  the  provisions  of  this  section,  by  refusing  tc 
permit  more  than  a  double  crossing,  as  aforesaid. 


AN    ACT    FOR    THE    BETTER    SECURITY    OF    LABORERS 
MECHANICS,  AND  OTHERS,  IN  CERTAIN  CORPORATIONS. 

Approved  ijth  October,  1857.     (P.  L.,  1858,  pages  615  and  616.} 

SECTION  i.  That  for  the  purpose  of  providing  additional 
security  for  the  payment  of  miners,  laborers,  operatives,  and 
mechanics  for  services  rendered  or  which  may  be  hereafter 
rendered,  supplies  and  materials  furnished  or  hereafter  to  be 
furnished,  to  any  coal,  iron,  canal,  navigation,  railroad,  or 
turnpike  company,  incorporated  in  whole  or  in  part  by  the 
laws  of  this  Commonwealth,  it  shall  be  lawful  and  competent 
for  any  such  company  to  execute  a  lien  or  liens,  or  instrument 
of  writing  sufficient  thereto,  with  inventory  attached,  and 
attested  by  the  common  seal  of  said  company,  if  said  company 
have  such  common  seal,  and  if  such  company  have  no  common 
seal,  then  said  instrument  of  writing  to  be  signed  by  the 
president  of  the  board  of  directors  or  managers,  attested  by 
the  secretary,  to  a  trustee  or  trustees,  upon  any  or  all  their 
wagons,  teams,  horses,  mules,  cars,  carts,  boats,  equipments, 
engines,  tools,  and  machinery  used  in  conducting  the  business 
of  any  such  company,  to  be  held  by  said  .trustee  or  trustees 


89 

as  a  lien  for  the  sole  purpose  or  purposes  aforesaid,  until  said 
debts  herein  contemplated  are  fully  discharged,  by  the  sale 
thereof  or  otherwise :  Provided,  That  the  said  instrument  or 
instruments  of  writing  be  first  acknowledged  as  other  deeds 
are  and  recorded  in  the  office  for  recording  deeds,  in  the  res- 
pective counties  wherein  said  companies  transact  business, 
within  thirty  days  from  the  execution  thereof:  And  provided 
furthcr^\va\.  this  act  shall  continue  in  force  until  the  first  day 
of  February,  1859,  and  no  longer,  unless  extended  by  a  sub- 
sequent legislature. 

(This  act  does  not  appear  to  have  been  extended.) 


AN  ACT    RELATIVE  TO    BONDS   ISSUED  BY  THE   COUNTY 
OF  ALLEGHENY  FOR  STOCK  IN  RAILROAD  COMPANIES. 

Approved  ijth  April,  1858.     (P.  L.,  r8$8,  pages  252  and  253.) 

SECTION  I.  That  the  commissioners  of  the  county  of  Alle- 
gheny be  and  they  are  hereby  authorized  to  exchange  with 
any  one  or  more  holders  or  owners  or  trustees,  or  guardians 
of  any  holder  or  owner  of  bonds  of  said  county,  issued  in 
payment  for  stock  in  any  railroad  company,  any  amount 
of  said  stock  now  owned  by  said  county,  for  an  equal  amount 
of  the  said  bonds,  each  at  their  par  value :  Provided,  That  no 
stock  shall  be  exchanged  except  for  bonds  issued  in  payment 
for  stock  in  the  same  company;  and  within  one  month  after 
effecting  any  such  exchange,  said  commissioners  shall  publicly 
cancel  any  bonds  received  for  stock,  in  the  presence  of  one  or 
more  judges  of  the  court  of  common  pleas,  who  shall  sign  a 
certificate  of  "such  cancellation  upon  the  minutes  of  the  board. 


A  FURTHER  SUPPLEMENT  TO  THE  ACT  ENTITLED  "AN 
ACT  REGULATING  LATERAL  RAILROADS,"  PASSED  MAY 
5th,  1832. 

Approved  2oth  April,  1858.     (P.  L.,  1858,  page  361.} 

•  SECTION  I.  That  hereafter,  in  all  cases  where  a  petition  has 
been  presented  for  the  appointment  of  viewers,  under  the  pro- 
visions of  the  said  act  and  its  supplements,  it  shall  be  the  duty 


9o 

of  the  viewers  so  appointed  to  report  in  writing  whether  tl: 
road  asked  for  is  necessary  for  public  or  private  use,  as  we 
as  the  damages  which  will  be  sustained  by  the  owner  c 
owners  of  intervening  lands ;  and  when,  in  the  opinion  of  th 
court,  the  road  is  necessary  for  public  or  private  use,  it  sha 
be  lawful  for  the  petitioner  or  petitioners,  upon  giving  bom 
with  one  or  more  sureties,  to  be  filed  with  the  petition,  and  t 
be  approved  by  the  court  to  which  such  petition  shall  ha\ 
been  presented,  conditioned  for  the  payment  of  such  damage 
as  shall  be  assessed  under  the  provisions  of  the  acts  to  whic 
this  is  a  supplement,  to  proceed  in  the  opening,  constructing 
completing,  and  using  the  said  railroad,  with  one  or  moi 
tracks,  as  prayed  for  in  said  petition. 


A  FURTHER  SUPPLEMENT  TO  THE  ACT  INCORPORATIN 
THE    CITY    OF    PHILADELPHIA. 

Approved  2ist  April,  1858.     (P.  L.,  1858  page  385.} 

SECTION  i.  That  the  offices,  depots,  car-houses,  and  othe 
real  property  of  railroad  corporations  situated  in  said  city,  th 
superstructure  of  the  road  and  water  stations  only  exceptec 
are  and  hereafter  shall  be  subject  to  taxation  by  ordinances  fo 
city  purposes. 


A  SUPPLEMENT  TO  THE  ACT  OF  i6th  JUNE,  1836,  ENTITLE] 
"AN    ACT    RELATING    TO    EXECUTIONS." 

Approved  22d  April,  1858.     (P.  L.,  1858,  page  458^.} 

SECTION  i.  That  so  much  of  the  act  to  which  this  is  a  sup 
plement  as  relates  to  the  appointment  of  sequestrators  in  case 
where  judgments  have  been  obtained  against  corporation.' 
executions  issued  thereon  and  returned  unsatisfied,  is  hereb; 
declared  not  to  apply  to  any  unfinished  railroad:  Provider 
That  nothing  herein  contained  shall  be  so  construed  as  t< 
prevent  a  sequestrator  from  taking  custody  of  the  receipts  an< 
revenues  of  any  portion  of  any  such  road  that  may  be  so  fa 
completed  as  to  be  in  running  order. 


iN  ACT  TO  ENABLE  THE  CITY  OF  PITTSBURG  TO  RAISE 
ADDITIONAL  REVENUE. 

Approved  4th  January,  1859.     (P.  L.,  1859,  PaSe  828.) 

SECTION  3.  That  all  real  estate  situated  in  said  city,  owned 
>r  possessed  by  any  railroad  company,  shall  be  and  is  hereby 
nade  suoject  to  taxation  for  city  purposes,  the  same  as  other 
eal  estate  in  said  city. 


\  SUPPLEMENT  TO  AN  ACT  IN  REFERENCE  TO  RUNNING- 
OF  LOCOMOTIVE-ENGINES  AND  CARS  ON  CONNECTING 
RAILROADS,  APPROVED  isth  MARCH,  1847. 


Approved  zgth  March,  1859.     (?•  £•)  f$59>  Page  290.} 

SECTION  i.  That  the  act  passed  on  the  I3th  day  of  March, 
\nno  Domini  one  thousand  eight  hundred  and  forty-seven, 
mtitled  "  An  act  in  reference  to  running  of  locomotive-engines 
ind  cars  on  connecting  railroads,"  shall  be  so  construed  as  to- 
luthorize  companies  owning  any  connecting  railroads  in  the 
State  of  Pennsylvania  to  enter  into  any  leases  and  contracts 
.vith  each  other  in  respect  to  the  use,  management,  and 
working  of  their  several  railroads  :  Provided,  That  the  company 
>o  contracting  for  or  leasing  any  such  railroad  may  have  the 
•ight  to  fix  the  tolls  thereon,  but  not  at  a  higher  rate  than 
s  authorized  by  the  charter  of  either  of  the  said  railroad 
:ompanies. 


A.N    ACT    TO    CONSOLIDATE,  REVISE,    AND    AMEND    THE 
PENAL  LAWS  OF  THIS  COMMONWEALTH. 

Approved  jsst  March,  1860.     (P.  L.,  i86ot  pages  391,  412,  416,  and  417.) 

SECTION  29.  If  any  person  shall  be  maimed,  or  otherwise 
injured  in  person,  or  injured  in  property,  through  or  by  reason 
:>f  the  wanton  and  furious  driving  or  racing,  or  by  reason  of 
:he  gross  negligence  or  willful  misconduct  of  the  driver  of  any 
public  stage,  mail  coach,  coachee,  carriage,  or  car  employed 


92 

in  the  conveyance  of  passengers;  or  through  or  by  reason 
the  gross  negligence  or  willful  misconduct  of  any  engineer 
conductor  of  any  locomotive-engine  or  train  of  railroad  Cc 
or  carriages ;  or  any  captain  or  other  officer  of  any  steambc 
employed  in  the  conveyance  of  passengers,  or  of  goods,  war< 
merchandise,  or  produce  of  any  description,  such  driv« 
engineer,  conductor,  captain,  or  officer,  shall,  on  convicti 
thereof,  be  sentenced  to  pay  a  fine  not  exceeding  five  hundr 
dollars  and  undergo  an  imprisonment,  by  separate  or  solita 
confinement,  or  by  simple  imprisonment,  not  exceeding  fi 
years :  Provided,  That  the  provisions  of  this  act  shall  not  i 
terfere  with  the  civil  remedies  against  the  proprietors  ai 
others  to  which  the  injured  party  may  by  law  be  now  entitle 

SEC.  126.  If  any  person,  engaged  in  carrying  or  transportii 
coal,  iron,  lumber,  or  other  articles  of  merchandise  or  proper 
whatsoever  within  this  commonwealth,  shall  fraudulently  s< 
or  dispose  of  or  pledge  the  same,  or  any  part  thereof,  witho 
the  consent  of  the  owner  thereof,  such  offense  shall  be  deem< 
a  misdemeanor,  and  the  offender  shall,  on  conviction,  be  se 
tenced  to  pay  a  fine  not  exceeding  five  hundred  dollars,  ai 
to  undergo  an  imprisonment  not  exceeding  one  year;  or 
any  person  shall  knowingly  buy  and  receive  the  said  me 
chandise,  knowing  the  same  to  have  been  sold,  disposed  < 
or  pledged  fraudulently,  he  shall,  on  conviction,  be  sentena 
to  the  like  punishment. 

SEC.  142.  If  any  person  shall  willfully  and  maliciously  pi 
place,  cast,  or  throw  upon  or  across  any  railroad  any  woo 
stone,  or  other  matter  or  thing;  or  shall  willfully  and  ma 
ciously  take  up,  remove,  or  displace  any  rail,  sleeper,  or  oth 
matter  or  thing  belonging  to  any  railroad;  or  shall  willful 
and  maliciously  turn,  move,  or  divert  any  switch  or  oth 
machinery  belonging  to  any  railroad;  or  shall  willfully  ar 
maliciously  make  or  show,  hide  or  remove  any  signal  or  lig" 
upon  or  near  any  railroad;  or  shall  willfully  and  malicious 
do,  or  cause  to  be  done,  any  other  matter  or  thing,  with  inter 
in  any  of  the  cases  aforesaid,  to  obstruct,  upset,  overthrow 
injure,  or  destroy  any  tender,  carriage,  car,  or  truck  used  c 
such  railroad,  or  to  endanger  the  safety  of  any  person  trave 
ing  or  being  upon  such  railroad,  every  such  offender  shall  I 


93 

guilty  of  felony,  and,  being  thereof  convicted,  shall  be  sen- 
enced  to  pay  a  fine  not  exceeding  ten  thousand  dollars,  and 
o  undergo  an  imprisonment,  by  separate  or  solitary  confine- 
nent,  at  ^bor,  not  exceeding  ten  years. 

SEC.  143.  If  any  person  shall  willfully  and  maliciously  cast, 
:hrow,  or  cause  to  fall  or  strike  against,  into,  or  upon  any 
mgine,  tender,  carriage,  car,  or  truck  used  upon  any  railroad, 
my  wood  or  stone  or  other  matter  or  thing,  with  intent  to 
endanger  the  safety  of  any  person  being  in  or  upon  such 
engine,  tender,  carriage,  car,  or  truck,  every  such  offender 
shall  be  guilty  of  misdemeanor,  and  being  thereof  convicted 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  thousand 
dollars,  and  to  undergo  an  imprisonment  not  exceeding  three 
years. 

SEC.  147.  If  any  person  shall  unlawfully  and  maliciously 
break,  injure,  or  otherwise  destroy  or  damage  any  part  of  any 
locomotive  or  stationary  engine,  inclined  plane,  engine-house, 
station,  or  depot,  bridge,  culvert,  trestle  work,  or  other  build- 
ing or  structure  belonging  to  any  railroad,  or  any  other  part 
of  such  railroad;  or  shall  wantonly  and  maliciously  derange 
or  displace  the  fixtures  or  machinery  of  any  locomotive  or 
stationary  engine  used  or  employed  on  any  railroad;  or  shall 
willfully  and  maliciously  destroy  or  injure  any  fence  or  wall, 
cross-road  passing  over  or  under  such  railroad;  or  shall  un- 
lawfully and  maliciously  break,  injure,  or  otherwise  destroy  or 
damage  any  of  the  posts,  wires,  or  other  materials  or  fixtures 
employed  in  the  construction  and  use  in  any  line  of  an  elec- 
trical telegraph,  or  shall  willfully  and  maliciously  interfere 
with  such  structure  so  erected,  or  in  any  way  attempt  to  lead 
from  its  uses  or  make  use  of  the  electrical  current,  or  any 
portion  thereof,  properly  belonging  to  and  in  use,  or  in  readi- 
ness to  be  made  use  of,  for  the  purpose  of  communicating 
telegraphically  from  one  station  of  a  telegraph  company  to 
another  established  station  of  the  same,  or  a  connecting  tele- 
graph line;  or  shall  unlawfully  and  maliciously  break,  injure, 
or  otherwise  destroy  or  damage  any  bridge,  river,  or  meadow 
bank  or  mill-dam ;  or  willfully  and  maliciously  take  down, 
injure,  remove,  or  in  any  manner  damage  or  destroy  any  flag, 
flag-staff,  beacon,  buoy,  or  other  way  or  water  marks  which 


94 

now  are  or  hereafter  may  be  put,  erected,  or  placed,  by  lav 
authority,  near  or  in  any  streams  that  are  or  may  be  decla 
public  highways ;  or  shall  unlawfully  and  maliciously  c 
break,  or  otherwise  destroy  any  lead,  tin,  copper,  or  iron  sp 
affixed  to  any  house  or  other  building,  public  or  private ; 
shall  unlawfully  and  maliciously  daub,  paint,  or  otherv, 
deface  any  dwelling-house,  such  offender  shall  be  guilty  c 
misdemeanor,  and,  upon  conviction,  be  sentenced  to  pay  a  i 
not  exceeding  five  hundred  dollars,  and  undergo  an  impris 
ment  not  exceeding  twelve  months,  or  both,  or  either,  at 
discretion  of  the  court. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  « AN  ACT  REI 
TIVE  TO  BONDS  ISSUED  BY  THE  COUNTY  OF  ALL 
GHENY,  FOR  STOCK  IN  RAILROAD  COMPANIES,"  / 
PROVED  THE  THIRTIETH  DAY  OF  APRIL,  ANNO  DOMI 
ONE  THOUSAND  EIGHT  HUNDRED  AND  FIFTY-EIGHT 

Approved  sd  April,  1860.     (P.  L.,  1860,  page  589.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  execute 
administrators,  guardians,  and  trustees  holding  bonds  of  t 
.said  county  of  Allegheny,  such  as  are  mentioned  in  the  ; 
to  which  this  is  a  supplement,  to  exchange  the  same  for  sto 
in  the  several  and  respective  railroad  companies,  in  the  nic 
ner  mentioned  in  the  said  act,  and  to  hold  or  dispose  of  t 
said  stock  so  taken  in  exchange,  without  responsibility  on  th 
part  for  any  loss  which  may  be  occasioned  by  any  depreciati 
in  the  value  of  the  said  stock  or  the  non-payment  of  any  di 
dend  by  the  said  companies. 


AN  ACT  TO  ENABLE  CITIZENS   TO    HOLD    TITLE   WHIG 
HAD  BEEN  HELD  BY  ALIENS  AND  CORPORATIONS. 

Approved  qth  January,  1861.     (P.  L.,  1861,  pages  2  and  j.) 

SECTION  I.  That  whensoever  any  alien,  or  any  foreign  cc 
poration,  or  corporations  of  another  State,  or  of  this  Stal 
shall  have  held  title  to  real  estate  within  this  State,  which  1 


95 

or  they  were  not  by  the  laws  of  this  Commonwealth  authorized 
to  hold,  a*id  shall  have  heretofore  conveyed  such  title  to  any 
citizen  of  the  United  States,  before  any  inquisition  shall  have 
been  taken  against  the  real  estate  so  held  to  escheat  the  same, 
such  citizen  shall  hold,  and  may  convey  such  title  and  real 
estate  indefeasibly,  as  to  any  right  of  escheat  in  this  Common- 
wealth, by  reason  of  such  real  estate  having  been  held  by  an 
alien,  or  corporation  not  authorized  to  hold  the  same,  or  to 
the  extent  in  which  it  had  been  held. 


AN  ACT  CONCERNING  THE  SALE  OF  RAILROADS,  CANALS, 
TURNPIKES,  BRIDGES,  AND  PLANK  ROADS. 

Approved  8th  April,  1861.     (P.  L.,  i86it  pages  259  and  260.) 

SECTION  i.  That  -whenever  any  railroad,  canal,  turnpike, 
bridge,  or  plank  road  of  any  corporation  created  by  or  under 
any  law  of  this  State,  shall  be  sold  and  conveyed  under  and 
by  virtue  of  any  process  or  decree  of  any  court  of  this  State, 
or  of  the  circuit  court  of  the  United  States,  the  person  or 
persons  for,  or  on  whose  account  such  railroad,  canal,  turnpike, 
or  plank  road  may  be  purchased,  shall  be,  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  and  shall  be  vested  with 
all  the  right,  title,  interest,  property,  possession,  claim,  and 
demand  in  law  and  equity,  of,  in,  and  to  such  railroad,  canal, 
turnpike,  bridge,  or  plank  road,  with  its  appurtenances,  and  with 
all  the  rights,  powers,  immunities,  privileges,  and  franchises  of 
the  corporation  as  whose  the  same  may  have  been  so  sold,  and 
which  may  have  been  granted  to  or  conferred  thereupon  by 
any  act  or  acts  of  assembly  whatsoever,  in  force  at  the  time 
of  such  sale  and  conveyance,  and  subject  to  all  the  restrictions 
imposed  upon  such  corporation  by  any  such  act  or  acts,  except 
so  far  as  the  same  are  modified  hereby;  and  the  person  for  or 
on  whose  account  any  such  railroad,  canal,  turnpike,  bridge, 
or  plank  road  may  have  been  purchased,  shall  meet  within 
thirty  days  after  the  conveyance  thereof  shall  be  delivered, — 
public  notice  of  the  time  and  place  of  such  meeting  having  been 
given  at  least  once  a  week  for  two  weeks,  in  at  least  one  news- 
paper published  in  the  city  or  county  in  which  such  sale  may 


96 

have  been  held, — and  organize  said  new  corporation,  by  electin 
a  president  and  board  of  six  directors,  (to  continue  in  offk 
until  the  first  Monday  of  May  succeeding  such  meeting,  whe: 
and  annually  thereafter,  on  the  said  day,  a  like  election  for 
president  and  six  directors  shall  be  held,  to  serve  for  one  year 
and  shall  adopt  a  corporate  name  and  common  seal,  determir 
the  amount  of  capital  stock  thereof,  and  shall  have  power  an 
authority  to  make  and  issue  certificates  therefor  to  the  pu 
chaser  or  purchasers  aforesaid,  to  the  amount  of  their  respectrv 
interests  therein,  in  shares  of  fifty  dollars  each,  and  may  thei 
or  at  any  time  thereafter,  create  and  issue  preferred  stock  t 
such  an  amount  and  on  such  terms  as  they  may  deem  nece< 
sary,  and  from  time  to  time  to  issue  bonds,  at  a  rate  of  intere.' 
not  exceeding  seven  per  cent,  to  any  amount  not  exceedin 
their  capital  stock,  and  to  secure  the  same  by  one  or  mor 
mortgages  upon  the  real  and  personal  property  and  corporat 
rights  and  franchises,  or  either  or  any  part  or  parts  thereof. 

SEC.  2.  That  it  shall  be  the  duty  of  such  new  corporatior 
within  one  calender  month  after  its  organization,  to  make 
certificate  thereof,  under  its  common  seal,  attested  by  the  sig 
nature  of  its  president,  specifying  the  date  of  such  organizatior 
the  name  so  adopted,  the  amount  of  capital  stock,  and  th 
names  of  its  president  and  directors,  and  transmit  the  sai< 
certificate  to  the  secretary  of  State  at  Harrisburg,  to  be  file< 
in  his  office,  and  there  remain  of  record;  and  a  certified  cop^ 
of  such  certificate  so  filed  shall  be  evidence  of  the  corporat 
existence  of  said  new  corporation. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT,  PASSED  i4th  APRIL 
1834,  ENTITLED  "AN  ACT  RELATIVE  TO  SUITS  BROUGHT 
BY  AND  AGAINST  CANAL  AND  RAILROAD  COMPANIES/ 

Approved  ijth  April,  1861.     (P.  /,.,  1861,  page  385.} 

SECTION  I.  That  the  act  to  which  this  is  a  supplement  shal 
be  and  hereby  is  extended  to  all  suits,  actions,  and  proceeding; 
instituted  against  any  canal  or  railroad  company,  as  well  fo] 
the  assessment  of  damages  occasioned  by  construction  of  sucl: 
canals  or  railroads  as  for  any  other  cause. 


* 

AN  ACT  RELATING  TO  CERTAIN  CORPORATIONS. 

Approved  2jd  April,  1861.     (P.  L.,  1861,  pages  410  and  411.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  railroad 
company  created  by  and  existing  under  the  laws  of  this  Com- 
monwealth, from  time  to  time  to  purchase  and  hold  the  stock 
and  bonds,  or  either,  of  any  other  railroad  company  or  com- 
panies chartered  by  or  of  which  the  road  or  roads  is  or  are 
authorized  to  extend  into  this  Commonwealth;  and  it  shall  be 
lawful  for  any  railroad  companies  to  enter  into  contracts  for 
the  use  or  lease  of  any  other  railroads,  upon  such  terms  as 
may  be  agreed  upon  with  the  company  or  companies  owning 
the  same,  and  to  run,  use,  and  operate  such  road  or  roads  in 
accordance  with  such  contract  or  lease:  Provided,  That  the 
roads  of  the  companies  so  contracting  or  leasing  shall  be 
directly,  or  by  means  of  intervening  railroads,  connected  with 
each  other. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT  TO  CONSOLIDATE, 
REVISE,  AND  AMEND  THE  PENAL  LAWS  OF  THIS  COM- 
MONWEALTH, PASSED  THE  THIRTY-FIRST  DAY  OF 
MARCH,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUN- 
DRED AND  SIXTY. 

Approved  ist  May,  1861.     (P.  L.,  1861,  page  465.) 

SECTION  i.  That  whenever  any  person  in  the  employ  of  any 
railroad  company,  whether  such  company  is  incorporated  by 
this  or  any  other  State,  shall  fraudulently  neglect  to  cancel  or 
return  to  the  proper  officer,  company,  or  agent,  any  coupon 
or  other  railroad  ticket,  with  the  intent  to  permit  the  same  to  be 
used  in  fraud  or  injury  of  any  such  company;  or  if.  any  person 
shall  steal  or  embezzle  any  such  coupon  or  other  railroad  ticket, 
or  shall  fraudulently  stamp  or  print  or  sign  any  such  ticket, 
or  shall  fraudulently  sell  or  put  in  circulation  any  such  ticket, 
iny  person  so  offending,  shall,  upon  conviction  thereof,  be 
sentenced  to  pay  a  fine  not  exceeding  one  thousand  dollars, 
md  to  undergo  an  imprisonment,  by  separate  or  solitary  con- 
inement,  at  labor,  not  exceeding  five  years. 


98 

A  FURTHER  SUPPLEMENT  TO  AN  ACT  IN  REFERENCE 
TO  RUNNING  LOCOMOTIVE-ENGINES  AND  CARS  ON 
CONNECTING  RAILROADS,  APPROVED  isth  MARCH,  1847 


Approved  ist  May,  1861.     (P.  L.,  1861,  page  485.} 

SECTION  i.  That  where  any  railroad  company,  incorporatec 
under  the  provisions  of  the  act  of  February  I9th,  1849,  entitlec 
"An  act  regulating  railroad  companies,"  shall  have  leasec 
their  road  to  another  company  owning  a  connecting  railroac 
in  this  State,  as  authorized  by  the  supplement  of  March  29th 
1859,  to  the  act  to  which  this  is  a  further  supplement,  anc 
when  the  terms  of  such  lease  shall  specify  that  the  road  is  tc 
be  kept  in  repair  by  the  lessees,  the  said  lessees  shall  enjo) 
the  same  rights  and  privileges,  in  regard  to  the  repairs  anc 
maintenance  of  said  road,  as  are  conferred  upon  the  compan) 
owning  the  same,  by  the  tenth  and  eleventh  sections  of  the  sau 
act  of  February  I9th,  1849;  and  the  said  lessees  shall  alsc 
be  entitled  to  the  benefit  of  the  penalties  provided  in  th< 
fifteenth  section  of  said  act,  and  may  sue  for  and  recover  th< 
same  for  their  own  use  and  advantage. 


AN  ACT  RELATING  TO  RAILROAD  COMPANIES. 

Approved  i6th  May,  1861.     (P.  L.,  1861,  pages  702  to  704.) 

SECTION  I.  That  it  shall  be  lawful  for  any  railroad  compan1 
chartered  by  this  Commonwealth  to  merge  its  corporate  rights 
powers,  and  privileges  into  any  other  railroad  company,  s< 
chartered,  connecting  therewith,  so  that  by  virtue  of  this  ac 
such  companies  may  be  consolidated,  and  so  that  all  th 
property,  rights,  franchises,  and  privileges  then  by  law  veste 
in  such  company  so  merged,  may  be  transferred  to  and  veste 
in  the  company  into  which  such  merger  shall  be  made. 

SEC.  2.  That  such  consolidation  and  merger  shall  be  mad 
under  the  following  conditions  and  restrictions,  to  wit: — 

I.  The  directors  or  managers  of  each  corporation  may  ente 
into  a  joint  agreement,  under  the  corporate  seal  of  each  coir 
pany,  for  the  consolidation  of  the  said  companies  and  of  sue 
merger,  prescribing  the  terms  and  conditions  thereof,  and  th 


99 

manner  of  converting  the  capital  stock  of  the  said  company 
so  to  be  merged  into  the  stock  of  the  company  into  which 
such  merger  shall  be  made,  and  all  other  such  provisions  as 
they  shall  deem  necessary  to  perfect  the  said  consolidation 
and  merger. 

II.  Said  agreement  shall  be  submitted  to  the  stockholders  of 
each  of  such  companies,  at  a  meeting  thereof,  called  separately; 
of  the  time,  place,  and  object  of  which  meeting  due  notice 
shall  be  given  by  publication  once  a  week  for  two  successive 
weeks,  before  said  meeting,  in  one  newspaper  published  in 
each  of  the  counties  through  or  into  which  the  railroads  of 
said  companies  respectively  shall  or  may  be  authorized  to 
extend ;  and  at  said  meeting  the  said  agreement  shall  be  con- 
sidered, and  a  vote  by  ballot,  in  person  or  by  proxy  taken  for 
the  adoption  or  rejection  of  the  same,  each  share  entitling  the 
holder  thereof  to  one  vote;  and  if  a  majority  of  all  the  votes 
cast  at  each  of  such  meetings  shall  be  in  favor  of  said  agree- 
ment, consolidation,  and  merger,  then  that  fact  shall  be  certified 
by  the  secretary  of  such  company,  and  said  certificate,  together 
with  a  copy  of  the  agreement,  shall  be  filed  in  the  office  of  the 
secretary  of  the  Commonwealth;  whereupon,  the  said  agree- 
ment shall  be  deemed  and  taken  to  be  the  act  of  consolidation 
of  said  companies. 

SEC.  3.  That  upon  the  filing  of  the  said  certificate  and  copy 
of  agreement  in  the  office  of  the  secretary  of  the  Common- 
wealth, the  said  merger  shall  be  deemed  to  have  taken  place, 
and  the  said  companies  to  be  one  corporation,  possessing  all 
the  rights,  privileges,  and  franchises  theretofore  vested  in 
either  of  them ;  and  all  the  property,  real,  personal,  and  mixed, 
and  debts  due,  and  rights  of  action,  shall  be  deemed  and  taken 
:o  be  transferred  to  and  vested  in  the  company  into  which 
such  merger  may  have  been  made,  without  further  act  or  deed; 
ind  all  property,  all  rights  of  way,  and  all  other  interests  shall 
)e  as  effectually  the  property  of  such  company  or  corporation 
nto  which  such  merger  may  have  been  made,  as  they  were  of 
either  of  the  former  corporations,  parties  to  said  agreement: 
Provided,  That  all  rights  of  creditors,  and  all  liens  upon 
:he  property  of  either  of  said  corporations,  shall  continue  un- 
mpaired,  and  the  respective  corporations  may  be  deemed  to 


100 

be  in  existence  to  preserve  the  same;  and  all   debts,  duties 
and  liabilities  of  either  of  said  companies  shall  thencefortl 
attach  to  the   consolidated   company,  and   may  be  enforce( 
against  it  to  the  same  extent  and  by  the  same  process  as  : 
said  debts,  duties,  and  liabilities  had  been  contracted  by  it 
And  provided  further,  That  in  case  of  any  differences  or  incon 
sistencies  of  any  nature,   between   the   acts    regulating   sai< 
companies  respectively,  then  the  said  consolidated  compan 
shall  in  all  respects  be  regulated  by  the  laws  then  governing  an< 
applicable  to  that  company  into  which  such  merger  may  hav 
been  made:  And  provided  further,  That  a  certified  copy  of  th 
said  certificate  and  copy  of  agreement  so  to  be  filed  in  th 
office  of  the  secretary  of  the  Commonwealth,  shall  be  evidenc 
of  the  lawful  holding  and  action  of  such  meeting  and  of  th 
consolidation  of  such  companies  and  of  the  said  merger:  Ant 
provided  further,  That  if  any  stockholder  or  stockholders  c 
any  railroad  companies  shall  be  dissatisfied  with  or  object  t< 
any  such  consolidation,  then  it  shall  and  may  be  lawful  fo 
any  such  stockholder  or  stockholders,  within  thirty  days  afte 
the  execution  of  said  agreement  for  consolidation,  to  appl 
by  petition  to  the  court  of  common  pleas  of  the  county  i 
which  the  chief  office  of  the  said  companies  may  respectivel 
be  held,  to  appoint  three  disinterested  persons  to  estimat 
and  appraise  the   damage,  if  any,  done  to  such  stockholde 
or  stockholders  by  said  proposed   consolidation,  and  whos 
award,  or  that  of  a  majority  of  them,  when  confirmed  b 
the  said  court,  shall  be  final  and  conclusive;  and  the  person 
so  appointed  shall  also  appraise  the  share  or  shares  of  sai 
stockholders  in  the  said  company  at  the   full   market  valu 
thereof,  without  regard  to  any  depreciation  in  consequenc 
of  the  said  proposed  consolidation ;  and  the  said  company  ma) 
at  its  election,  either  pay  to  the  said  holder  the  amount  c 
damages  so  found,  or  the  value  of  the  stock  so  ascertainec 
and  upon  payment  of  the  value  of  the  stock,  as  aforesaid,  th 
said  stockholders  shall  transfer  the  stock  so  held  by  then 
to  said  company,  to  be  disposed  of  by  the  directors  of  sai 
company,  or  retained  by  them  for  the  benefit  of  the  remainin 
stockholders. 

(Supplied  but  not  repealed  by  act  of  24th  March,  1865.) 


101 

AN  ACT  TO  ENCOURAGE  THE  DEVELOPMENT  OF  COAL 
AND  MINERAL  LANDS  IN  THE  COUNTIES  OF  HUNTING- 
DON, CAMBRIA,  AND  BEDFORD. 

Approved  2ist  March,  1862.     (P.  L.,  1862,  pages  149  and  150.} 

SECTION  i.  That  in  all  cases  where  the  owner  or  owners  of 
coal  or  mineral  lands,  situated  in  either  of  the  counties  of 
Bedford,  Cambria,  or  Huntingdon,  has  or  have  obtained,  or 
may  hereafter  obtain,  the  right  to  construct  a  lateral  railroad, 
under  the  act  of  assembly  of  5th  May,  one  thousand  eight 
hundred  and  thirty-two,  relating  to  lateral  railroads,  and  the 
several  supplements  thereto,  or  may  desire  to  construct  such 
lateral  railroad  from  the  line  of  the  established  railroad  of  any 
incorporated  company  over  his,  her,  or  their  own  lands,  it 
shall  and  may  be  lawful  for  any  incorporated  company  in  this 
Commonwealth  to  aid  such  owner  or  owners,  whether  an 
individual,  an  association  of  individuals,  or  another  incorpora- 
ted company,  by  furnishing  money,  labor,  and  materials,  or 
either  or  all  of  them,  for  the  construction  of  such  lateral 
railway,  sidings,  et  cetera,  not  exceeding  three  miles  in  length. 

SEC.  2.  That  it  shall  be  lawful  for  any  incorporated  company 
in  this  Commonwealth,  which  shall  agree  to  aid  any  individual 
or  association  of  individuals,  or  other  incorporated  company, 
in  pursuance  of  the  first  section  of  this  act,  to  take  a  mortgage 
upon  such  lateral  railroad,  its  sidings,  turnouts,  and  appurte- 
nances, and  upon  the  real  estate  intended  to  be  developed 
thereby,  or  upon  either  or  all  of  them,  to  secure  all  advances 
of  money,  labor,  and  materials  intended  to  be  made,  within 
twelve  months  from  the  date  of  such  mortgage,  setting  out 
clearly  in  such  mortgage  the  purpose  and  intent  for  which  it 
is  given ;  and  such  mortgage  shall  be  prior  in  lien  to  any 
incumbrance  that  may  be  entered  between  the  recording  of 
such  mortgage  and  the  expiration  of  twelve  months  from  the 
date  of  the  mortgage. 

SEC.  3.  That  within  one  month  after  the  completion  of 
such  lateral  railroad,  or  at  the  expiration  of  twelve  months 
from  the  date  of  the  mortgage,  if  such  lateral  railroad  be  not 
then  completed,  it  shall  be  the  duty  of  the  president  of  the 
company  mortgagee  to  have  recorded  in  the  office  of  the 


102 

recorder  of  deeds,  and  to  file  in  the  office  of  the  prothonotary 
of  the  court  of  common  pleas  of  the  proper  county,  statements 
verified  by  his  oath  or  affirmation,  setting  forth  the  advances 
actually  made,  and  the  dates  when  made,  of  money,  labor,  01 
materials,  or  either  or  all  of  them,  intended  to  be  secured  by  saic 
mortgage,  which  statements  shall  be  indexed  by  the  recordei 
among  mortgages,  and  by  the  prothonotary  on  the  judgmenl 
docket;  and  at  any  time  after  such  statements  shall  be  so  re- 
corded and  filed,  it  shall  be  the  right  either  of  the  mortgagee  01 
mortgagees,  or  any  lien  creditor  of  the  mortgagor  or  mort- 
gagors, upon  application  to  the  court  of  common  pleas  or  any 
judge  thereof  in  vacation,  with  notice  to  the  mortgagee,  when 
application  is  made  by  the  mortgagor,  and  to  the  mortgagee  and 
mortgagor,  when  application  is  made  by  lien  creditor,  upon 
cause  shown,  to  have  issued,  by  order  of  said  judge  or  court; 
a  scire  facias,  upon  such  mortgage,  to  determine  the  amount 
actually  advanced  by  such  mortgagee,  whether  the  same  be 
then  due  and  payable  or  not,  which  amount  so  ascertained  shall 
stand  as  the  amount  of  incumbrance  by  virtue  of  said  mort- 
gage, upon  the  railroad  or  lands  described  therein,  and  may 
be  collected  by  due  process  of  law,  at  such  time  or  times  as 
the  same  may  be  due  and  payable  by  the  terms  and  conditions 
of  said  mortgage :  Provided,  That  unless  the  statements 
hereinbefore  provided  for  be  recorded  and  filed  as  herein- 
before directed,  such  mortgage  shall  lose  its  lien  as  against  all 
lien  creditors  or  bona  fide  purchasers  subsequent  to  the  date  of 
such  mortgage. 


AN    ACT    TO    PROVIDE    FOR   THE   DESTRUCTION  AND  TO 
PREVENT  THE  SPREAD  OF  CANADA  THISTLES. 

Approved  22d  March,  1862.     (P.  L.,  1862,  page  164.} 

SECTION  i.  That  from  and  after  the  passage  of  this  act,  it 
shall  be  the  duty  of  every  person  or  persons,  and  of  every 
corporation  holding  lands  in  this  Commonwealth,  either  by 
lease  or  otherwise,  on  which  any  Canada  thistles,  or  weed 
commonly  known  as  Canada  thistle,  may  be  growing,  to  cut 
the  same,  so  as  to  prevent  such  weeds  or  thistles  from  going 


103 

to  seed,  and  the  seed  of  the  same  from  ripening;  and  any 
person  or  persons,  or  corporation  as  aforesaid,  who  shall  or 
may  have  land  as  aforesaid,  in  the  said  counties,  and  who 
shall  neglect  or  refuse  to  comply  with  the  provisions  of  this 
act,  shall  forfeit  and  pay  a  fine  of  fifteen  dollars,  one-half 
to  the  county  treasurer,  and  the  other  half  to  the  use  of 
the  person  suing  for  the  same,  who  shall  be  a  competent 
witness  to  prove  the  facts,  to  be  recovered  as  other  debts  of 
the  like  amount,  before  any  justice  of  the  peace,  or  in  any 
court  of  record  in  said  county. 

SEC.  2.  That  if  any  person  or  persons  or  corporation  so 
holding  land  as  aforesaid,  on  which  Canada  thistles,  or  the 
weeds  commonly  known  as  such,  shall  be  growing  and  likely 
to  ripen  seed  thereon,  shall  neglect  or  refuse  to  cut  and  de- 
stroy the  same,  so  as  to  prevent  the  seed  thereof  from  ripening, 
it  shall  and  may  be  lawful  for  any  person  or  persons  who  may 
consider  themselves  aggrieved,  or  about  to  be  injured  by  such 
neglect  or  refusal,  to  give  five  days'  notice  in  writing  to  such 
person  or  persons  or  corporation,  to  cut  and  destroy  such 
weeds  or  thistles ;  and  on  their  neglect  or  refusal  to  cut  and 
destroy  the  same  at  the  end  of  five  days,  it  shall  and  may  be 
lawful  for  any  person  or  persons  so  aggrieved,  or  believing 
themselves  about  to  be  injured  thereby,  to  enter  upon  or  hire 
other  persons  to  enter  upon  such  premises,  and  cut  down  and 
destroy  such  Canada  thistles ;  and  the  person  or  persons  so 
employed  shall  be  entitled  to  recover  from  such  person  or 
persons  or  corporation  owning  or  holding  such  land,  com- 
pensation at  the  rate  of  two  dollars  per  day,  to  be  sued  for  and 
recovered  as  debts  of  like  amount,  before  any  justice  or  court 
in  said  counties. 


A  SUPPLEMENT  TO  A  RESOLUTION  TO  PROTECT  LABOR- 
ERS AND  CONTRACTORS.  APPROVED  JANUARY  aist, 
ANNO  DOMINI  1843. 

Approved  ^th  April,  1862.     (P.  L.,  1862, pages  235  and  2j6.) 

WHEREAS,  It  frequently  happens  that  incorporated  companies, 
by  assignment,  conveyance,  mortgage,  or  other  transfer,  divest 
themselves  of  their  real  and  personal  estate,  in  contravention 


IO4 

of  the  provisions  of  the   resolution  of  January  2ist,   1843 
therefore, 

SECTION  i.  Be  it  enacted,  That  whenever  any  incorporate! 
company,  subject  to  the  provisions  of  the  above  resolution 
shall  divest  themselves  of  their  real  or  personal  estate,  con 
trary  to  the  provisions  of  said  resolution,  it  shall  and  may  b< 
lawful  for  any  contractor,  laborer,  or  workman  employed  ii 
the  construction  or  repair  of  the  improvements  of  said  com 
pany,  having  obtained  judgment  against  the  said  company,  tc 
issue  a  scire  facias  upon  said  judgment,  with  notice  to  an} 
person  or  to  any  incorporated  company  claiming  to  hold  01 
own  said  real  or  personal  estate,  to  be  served  in  the  same 
manner  as  a  summons  upon  the  defendant,  if  it  can  be  founc 
in  the  county,  and  upon  the  person  or  persons  or  incorpo- 
rated company  claiming  to  hold  or  own  such  real  estate ;  and 
if  the  defendant  cannot  be  found,  then  upon  the  return  of  one 
nihil  and  service  as  aforesaid,  on  the  person  or  persons  or 
company  claiming  to  hold  or  own  as  aforesaid,  the  case  to 
proceed  as  in  other  cases  of  scire  facias  on  judgment  against 
terre  tenants. 


AN    ACT    FOR    THE    MORE    EFFICIENT    COLLECTION    OF 
DEBTS  DUE  THE  COMMONWEALTH. 

Approved  7th  April,  1862.     (P.  L.,  1862,  pages  304  andjoj.) 

SECTION  i.  That  the  several  provisions  of  the  twelfth  sec- 
tion of  the  act  of  i6th  April,  1845,  entitled  "  An  act  to  increase 
the  revenues  and  diminish  the  legislative  expenses  of  the  Com- 
monwealth," and  of  the  fourth  section  of  the  act  of  the  2 1st 
April,  1846,  entitled  "A  supplement  to  the  law  relating  to 
defaulting  public  officers,"  are  hereby  extended  to  all  suits  by 
the  Commonwealth  against  counties,  corporations,  and  persons 
whatsoever ;  and  the  said  fourth  section  of  the  said  act  of  the 
2 1st  April,  1846,  shall  be  so  construed  as  to  require  that  the 
affidavit  of  defence  shall  set  forth  specifically  the  nature  and 
character  of  the  defence :  Provided,  That  a  county  shall  not  be 
required  to  file  an  affidavit  of  defence. 


105 

AN  ACT  SUPPLEMENTARY  TO  AN  ACT  ENTITLED  « AN 
ACT  CONCERNING  THE  SALE  OF  RAILROADS,  CANALS, 
BRIDGES,  AND  PLANK  ROADS."  APPROVED  APRIL,  A.  D. 
1861. 

Approved  nth  April,  1862.     (P.  L.,  1862,  pages  450  and  451.} 

SECTION  i.  That  in  all  cases  in  which  any  railroad,  canal, 
bridge,  or  plank  road  may  be  sold  in  the  manner  contemplated 
by  the  act  to  which  this  is  a  supplement,  and  a  debt  or  debts 
may  be  due  to  the  Commonwealth  from  the  company,  as 
whose  property  such  railroad,  canal,  bridge,  or  plank  road 
may  have  been  sold,  the  purchaser  or  purchasers  of  such 
roads,  canal,  or  bridge  shall  not  be  entitled  to  the  benefits  and 
privileges  conferred  by  said  act,  or  any  of  them,  until  he  or 
they  shall  have  paid  such  debt  or  debts  to  the  Commonwealth, 
or  until  the  payment  of  the  same,  with  interest,  shall  be 
secured  by  bond  or  bonds  and  first  mortgage  upon  all  the 
real  and  personal  property,  corporate  rights  and  franchises, 
which  shall  pass  to  the  said  purchaser  or  purchasers  by  such 
sale. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT  ENTITLED  "AN 
ACT  TO  REQUIRE  CORPORATIONS  TO  GIVE  BAIL  IN 
CERTAIN  CASES,  AND  RELATIVE  TO  THE  COMMENCE- 
MENT OF  SUITS  AGAINST  FOREIGN  CORPORATIONS, 
&c.,  &c."  APPROVED  isth  MARCH,  1847. 

Approved  nth  April,  1862.     (P.  L.,  1862,  pages  449  and  450.} 

SECTION  I.  That  in  all  cases  where  any  company  has  been 
incorporated  by  this  Commonwealth,  and  the  principal  office 
for  the  transaction  of  business  thereof  shall  be  located  out  of 
this  State,  and  where  none  of  the  officers  upon  whom  process 
can  be  served,  under  the  existing  laws  of  the  Commonwealth, 
reside  in  the  State,  it  shall  be  lawful  to  sue  said  company,  in 
any  county  in  this  State  where  the  said  company,  at  any  time, 
transacted  the  business  thereof,  or  where  the  works  or  real 
estate  of  such  company  were  located ;  and  such  legal  process 
may  be  served  on  such  company,  by  publication  of  a  copy  of 


io6 

the  process  in  such  newspaper  as  the  court  may  direct,  for  s 
weeks  previous  to  the  return  day;  and  for  every  purpose 
legal  proceeding,  such  company  shall  be  taken,  both  in  Is 
and  equity,  to  be  located  in  this  State,  and  shall  be  liable 
writs  of  quo  warranto,  mandamus,  attachment,  and  executio 
and  service  of  such  process,  by  publication  as  aforesaid,  sh; 
be,  to  all  intents  and  purposes,  as  effective  as  if  served  up< 
the  president  of  such  company,  or  other  officer  of  the  sam 
and  he  or  they  resident  of  the  proper  county  of  this  State,  ai 
as  if  the  company's  office  were  within  the  State;  and  ai 
property,  of  any  description,  of  such  company,  within  the  Stai 
shall  be  liable  to  attachment  and  execution ;  and  any  sue 
property,  which  would  be  liable  to  attachment  or  executic 
if  the  said  office  were  located  in  this  State,  shall  be  taken 
be  in  this  State  for  such  purpose,  and  shall  be  liable  to  ICA 
and  sale,  in  the  same  manner  as  if  the  officers  of  said  compai 
resided  in  the  county  in  this  State  in  which  the  same  is  liab 
to  be  sued  by  the  provisions  of  this  act. 


AN  ACT  GRANTING  TO  THE  SUPREME  COURT  JURISDI 
TION  OF  A  COURT  OF  CHANCERY  IN  ALL  CASES  C 
MORTGAGES,  ET  CETERA. 

Approved  nth  April,  1862.      (P.  Z,.,  1862,  page  477.} 

SECTION  i.  That  the  Supreme  Court  of  this  Commonweal 
shall  have  and  exercise  all  the  powers  and  jurisdiction  of 
court  of  chancery  in  all  cases  of  mortgages  given  by  corpor 
tions. 


AN    ACT    TO    PROTECT    THE  WAGES    OF    LABOR  IN  CE1 
TAIN  COUNTIES  OF  THIS  COMMONWEALTH. 

Approved  nth  April,  1862.      (P.  L.,  1862,  pages  479,  480,  and  481.} 

SECTION  i.  That  in  all  assignments  of  property,  whether  re 
or  personal,  which  may  hereafter  be  made  by  any  person  < 
persons,  firm,  company,  or  association,  whether  chartered  < 


not,  to  trustees  or  assignees,  on  account  of  inability  or  pre- 
tended inability,  at  the  time  of  such  assignment,  to  pay  his, 
her,  their,  or  its  debts,  the  wages  and  salaries  of  persons 
employed  by  such  person  or  persons,  firm,  company,  or 
association,  shall  be  preferred  and  paid,  by  such  assignees 
or  trustees,  before  any  other  creditors  of  such  assignor  or 
assignors. 

SEC.  2.  That  in  case  of  the  death  of  any  person,  resident 
within  this  Commonwealth,  the  wages  or  salaries  of  any 
person  employed  by  him  shall  be  first  paid  out  of  his  estate, 
before  any  other  debts,  except  necessary  funeral  expenses,  and 
medicine  and  attendance  furnished  in  the  last  sickness ;  and 
in  case  of  the  dissolution  of  any  firm,  company,  or  association, 
as  aforesaid,  or  of  the  private  sale  or  transfer,  or  determination 
whatsoever,  of  the  business  of  such  firm,  company,  or  associa- 
tion, the  wages  and  salaries  of  persons  employed  by  them 
shall  be  a  lien  upon  their  property,  and  shall  be  first  paid  out 
of  the  estate,  effects,  and  assets  of  such  firm  or  company. 

SEC.  3.  That  in  all  cases  of  executions,  landlords'  warrants, 
venditioni  exponas,  levari  facias,  and  writs  of  a  like  nature, 
hereafter  to  be  issued,  for  the  sale  of  real  or  personal  property, 
against  any  person  or  persons,  firm,  company,  or  association, 
as  aforesaid,  it  shall  be  the  duty  of  the  sheriff,  or  other  officer 
executing  such  writ,  to  give  to  the  persons  employed  by  the 
defendant  in  said  writ  notice  of  the  issuing  thereof,  by  ten 
written  or  printed  handbills,  put  up  in  public  places  in  the 
neighborhood  of  the  property  to  be  sold,  at  least  ten  days 
before  the  proposed  sale,  requiring  them  to  make  known  to 
him,  before  the  sale  of  said  property,  the  kind  and  amount  of 
their  respective  claims  against  such  defendant;  and  such 
claims,  when  so  made  known,  shall  be  first  paid  out  of  the 
proceeds  of  such  sale,  by  the  officer  or  court  making  distribu- 
tion ;  such  claims  being  subject,  however,  to  all  legal  objec- 
tions which  may  be  made  as  to  the  amount  or  existence 
thereof. 

SEC.  4.  The  claims  for  wages,  or  on  account  of  salaries, 
mentioned  in  the  foregoing  sections,  shall  be  a  lien  on  the 
real  estate  of  the  person,  firm,  company,  or  association  liable 
to  pay  the  same,  prior  and  superior  to  all  other  liens  upon 


io8 

said  real  estate,  except  the  lien  of  judgments  and  mortgag 
given  for  the  purchase-money  of  the  property  on  which  the 
are  liens,  and  the  liens  of  judgments  and  mortgages  enten 
prior  to  the  commencement  of  the  work  for  which  such  wag 
are  due,  and  the  liens  of  mechanics  and  material-men,  fil( 
under  the  act  of  i6th  June,  1836,  and  its  supplements,  ar 
except  as  may  be  in  the  foregoing  sections  excepted :  Provide 
That  the  persons  who  may  be  entitled  to  demand  the  clain 
intended  to  be  preferred  by  the  provisions  of  this  act  shall, 
every  case,  first  exhaust  the  proceeds  of  the  personalty, 
there  be  such,  before  resorting  to  the  realty,  and  that  no  01 
claim  so  preferred,  or  hereby  made  a  lien,  shall  exceed  tl 
sum  of  one  hundred  dollars :  Provided  further,  That  the  Ik 
provided  for  shall  not  continue  beyond  the  period  of  si 
months  from  the  end  of  the  time  during  which  the  work  < 
service  was  rendered,  unless  judgment  for  the  amount  di 
shall,  before  that  time,  have  been  received,  and  a  transcri] 
thereof  filed  and  docketed  in  the  office  of  the  prothonotary  « 
the  court  of  common  pleas  of  the  proper  county. 

SEC.  5.  The  provisions  of  the  foregoing  sections  shall  on] 
apply  to  cases  for  the  recovery  of  wages  of  labor  done  an 
performed,  within  six  months  immediately  preceding  tr. 
assignment,  death,  or  levy  by  execution  mentioned  therein. 

SEC.  6.  In  all  cases  in  appeals,  by  defendants,  from  tr. 
judgment  of  justices  of  the  peace  or  award  of  arbitrator 
obtained  in  any  suit  brought  or  to  be  brought,  for  th 
recovery  of  wages  or  salaries,  by  any  miner,  mechanic,  h 
borer,  or  clerk,  against  any  person  or  persons  or  chartere 
company,  engaged  in  the  mining  of  coal  or  manufacture  ( 
iron,  either  as  owner  of  the  soil  or  having  a  lease  of  coa 
mine  or  mines,  furnace  or  rolling-mill,  the  said  defendan 
or  his  agent  or  attorney,  shall,  before  any  such  appeal  b 
granted,  declare,  on  oath  or  affirmation,  in  writing,  that  th 
appeal  is  not  for  the  purpose  of  delay,  but  that  the  judgmer 
to  be  appealed  from  is  unjust,  and  for  more  money  than  : 
justly  due. 

SEC.  7.  The  provisions  of  this  act  shall  extend  only  to  th 
counties  of  Schuylkill,  Bedford,  and  Blair. 


io9 

AN    ACT    AUTHORIZING    RAILROAD    COMPANIES    TO    RE- 
LOCATE THEIR  ROADS  IN  CERTAIN  CASES. 

Approved  nth  April,  1862.     (P.  L.,  1862,  pages  497  and  498.} 

SECTION  i.  That  whenever  any  portion  or  portions  of  any 
railroad,  which  has  been  or  may  hereafter  be  constructed  by 
any  railroad  company,  under  the  authority  of  this  Common- 
wealth, shall  be  found  to  pass  over  or  in  proximity  to  any 
workable  vein  or  veins  of  iron-ore,  coal,  or  other  mineral, 
so  as  to  interfere  with  the  ordinary  method  of  mining  the 
same,  or  with  the  safety  of  said  road,  then,  and  in  every  such 
case,  it  shall  be  lawful  for  such  railroad  company  to  relocate 
the  said  road,  in  such  manner  as  they  may  deem  best;  said 
relocation  shall  not  exceed  five  hundred  yards  from  their  old 
location,  so  as  to  avoid  the  interference  aforesaid ;  and  for  this 
purpose  every  such  company  shall  have  all  the  powers  and 
authorities  conferred,  and  be  subject  to  all  the  liabilities  im- 
posed, by  its  charter  of  incorporation,  as  existing  at  the  time 
such  relocation  is  made :  Provided,  That  all  rights  of  such 
company,  over  the  location  so  abandoned  by  them,  shall  cease 
from  and  after  the  relocation  and  occupation  of  the  new  route 
selected. 


AN  ACT  TO  PREVENT  ACTIONS  AT  LAW  OR  PROCEEDINGS 
IN  EQUITY  IN  CERTAIN  CASES. 

Approved  nth  April,  1863.     (P.  L.,  1863,  page 334.} 

SECTION  i.  That  if  it  shall  appear  in  any  proceeding  at  law 
or  equity,  heretofore  instituted  and  now  pending,  or  hereafter 
instituted  in  any  of  the  courts  of  this  Commonwealth,  by  or 
in  the  name  of  any  sequestrator,  county,  city,  or  borough,  to 
recover  or  compel  payment  of  any  subscription  or  subscrip- 
tions, or  part  or  parts  thereof,  made  by  any  person  or  persons 
to  the  capital  stock  of  any  railroad  company  incorporated  by 
the  general  assembly  of  this  Commonwealth,  subject  to  the 
provisions  of  the  act  entitled  "An  act  regulating  railroad  com- 
panies," approved  the  nineteenth  day  of  February,  1849,  tnat 
before  such  proceeding  was  instituted  the  act  incorporating 
such  railroad  company  had  been  repealed,  or  the  charter  thereof 


no 

revoked  by  an  act  of  the  general  assembly  of  this  Commor 
wealth,  no  judgment  or  decree  shall  be  entered  or  mad 
against  the  person  or  persons  aforesaid,  but  he  or  they  sha 
have  judgment,  or  an  order  for  his  or  their  reasonable  an 
proper  costs. 


AN  ACT  TO  ENCOURAGE  THE    EXTENSION    OF    LATERA 

RAILROADS. 

Approved  22d  April,  1863.     (P.  L.,  1863,  pages  532  and  5JJ.) 

SECTION  i.  That  any  railroad  company  heretofore  or  here 
after  authorized  to  build  any  branch,  lateral,  or  diverging  lin 
of  railroad,  or  extension  of  such  railroad,  may,  to  encourag 
the  construction  thereof,  specially  mortgage  any  such  brand: 
lateral,  or  diverging  line,  the  road-bed  and  other  real  estate  ac 
quired,  or  to  be  acquired  therefor,  the  income  thereof  and  th 
franchise,  so  far  as  they  are  specially  applicable  thereto,  an< 
may  issue  plain  or  coupon  bonds  secured  by  such  mortgage 
and  may  negotiate  them  on  such  terms,  as  to  rate  of  interes 
and  price  and  place  of  payment,  as  they  may  deem  advisable 
Provided,  That  such  mortgage  shall  not  exceed  fifteen  thou 
sand  dollars  for  each  mile  of  road  it  covers,  and  that  no  bon< 
for  a  less  amount  than  one  hundred  dollars  shall  be  issue< 
under  this  act:  And  provided  further,  That  every  such  mort 
gage  shall  be  recorded  in  the  county  or  counties  in  or  througl 
which  such  branch,  diverging,  or  lateral  line  is  or  shall  b< 
constructed :  And  provided,  Such  mortgage  shall  not  operatt 
against  the  lien  of  laborers  and  material-men,  on  work  am 
labor  done,  and  materials  furnished  in  the  construction  o 
said  road. 


AN  ACT  TO  REGULATE  RAILROAD  GAUGES. 

Approved  22d  April,  i86j.     (P.  L.,  1863,  page  534.) 

SECTION  i.  That  the  gauge  of  all  railroads  heretofore  01 
hereafter  authorized  to  connect  with  the  Philadelphia  and  Erk 
Railroad,  and  on  which  the  track  is  not  now  wholly  or  parti} 
laid,  shall  conform  to  and  be  the  same  as  the  gauge  of  th< 
said  Philadelphia  and  Erie  Railroad. 


Ill 

AN  ACT  AUTHORIZING  NOTARIES  PUBLIC  IN  THIS 
STATE,  AND  IN  ANY  STATE  OR  TERRITORY  IN  THE 
UNITED  STATES,  TO  TAKE  ACKNOWLEDGMENTS  OF 
DEEDS  AND  LETTERS  OF  ATTORNEY,  AND  TO  CONFIRM 
ACKNOWLEDGMENTS  HERETOFORE  MADE. 

Approved  22d  April,  1863.     (P.  L.,  1863,  page  549.) 

SECTION  3.  That  where  any  deed  of  conveyance,  mortgage, 
or  other  instrument  of  writing  has  been  heretofore  executed 
or  acknowledged,  or  both,  by  any  corporation,  under  any 
power  sufficiently  authorizing  the  same,  and  shall  have  been 
informally  executed  or  acknowledged  by  any  officer  de  facto 
of  such  corporation,  or  shall  have  been  executed  or  acknowl- 
edged by  the  officers  of  such  corporation,  in  the  manner 
prescribed  by  law  for  the  acknowledgment  of  deeds  and 
mortgages  by  individuals,  such  deed,  mortgage,  or  instrument 
shall  be  taken  to  be  of  the  same  validity  and  effect  as  if 
executed  and  acknowledged  in  the  manner  prescribed  by  law 
for  the  execution  and  acknowledgment  of  deeds,  mortgages, 
and  other  instruments  by  corporations  :  Provided,  That  no  case 
heretofore  judicially  decided  shall  be  affected  by  this  act. 


AN  ACT  TO  PREVENT  FRAUDS  UPON  TRAVELERS. 

Approved  6th  May,  1863.     (P.  L.,  1863,  pages  582  and 583.} 

WHEREAS,  Numerous  frauds  have  been  practiced  upon  un- 
suspecting travelers,  by  means  of  the  sale,  by  unauthorized 
persons,  of  railway  and  other  tickets;  and  also  upon  railroads 
and  other  corporations,  by  the  fraudulent  use  of  tickets,  in 
violation  of  the  contract  of  their  purchase;  now,  therefore, 
with  the  view  of  preventing  and  punishing  such  frauds — 

SECTION  i .  That  it  shall  be  the  duty  of  the  owner  or  owners 
of  any  railroad,  steamboat,  or  other  conveyance  for  the  trans- 
portation of  passengers,  to  provide  each  agent  who  may  be 
authorized  to  sell  tickets,  or  other  certificates  entitling  the 
holder  to  travel  upon  any  railroad,  steamboat,  or  other  public 
conveyance,  with  a  certificate,  setting  forth  the  authority  of 
such  agent  to  make  such  sales ;  which  certificate  shall  be  duly 
attested  by  the  corporate  seal,  if  such  there  be,  of  the  owner 
of  such  railroad,  steamboat,  or  other  public  conveyance,  and 


112 

also  by  the  signatures  of  the  owner  or  officer  whose  name 
signed  upon  the  tickets  or  coupons  which  such  agents  may  se 

SEC.  2.  That  it  shall  not  be  lawful  for  any  person,  not  po 
sessed  of  such  authority  so  evidenced,  to  sell,  barter,  or  tran 
fer,  for  any  consideration  whatever,  the  whole  or  any  part 
any  ticket  or  tickets,  passes,  or  other  evidences  of  the  holdei 
title  to  travel  on  any  railroad,  steamboat,  or  other  public  co 
veyance,  whether  the  same  be  situated,  operated,  or  owm 
within  or  without  the  limits  of  this  Commonwealth. 

SEC.  3.  That  any  person  or  persons  violating  the  provisioi 
of  the  second  section  of  this  act  shall  be  deemed  guilty 
misdemeanor,  and  shall  be  liable  to  be  punished,  by  a  fine  n< 
exceeding  five  hundred  dollars,  and  by  imprisonment  not  e: 
ceeding  one  year,  or  either  or  both,  in  the  discretion  of  tr 
court  in  which  such  person  or  persons  shall  be  convicted. 

SEC.  4.  That  it  shall  be  the  duty  of  every  agent  who  sha 
be  authorized  to  sell  tickets  or  parts  of  tickets,  or  other  ev 
dences  of  the  holder's  title  to  travel,  to  exhibit  to  any  perso 
desiring  to  purchase  a  ticket,  or  to  any  officer  of  the  law  wh 
may  request  him,  the  certificate  of  his  authority  thus  to  sel 
and  to  keep  said  certificate  posted  in  a  conspicuous  place  i 
his  office',  for  the  information  of  travelers. 

SEC.  5.  That  it  shall  be  the  duty  of  the  owner  or  owners  ( 
railroad,  steamboat,  and  other  public  conveyances,  to  provid 
for  the  redemption  of  the  whole  or  any  parts  or  coupons  c 
any  ticket  or  tickets,  as  they  may  have  sold,  as  the  purchase 
for  any  reason,  has  not  used  and  does  not  desire  to  use,  at 
rate  which  shall  be  equal  to  the  difference  between  the  pric 
paid  for  the  whole  ticket  and  the  cost  of  a  ticket  between  th 
points  for  which  the  proportion  of  said  ticket  was  actuall 
used;  and  the  sale,  by  any  person,  of  the  unused  portion  c 
any  ticket,  otherwise  than  by  the  presentation  of  the  same  fc 
redemption,  as  provided  for  in  this  section,  shall  be  deemed  t 
be  a  violation  of  the  provisions  of  this  act,  and  shall  be  pun 
ished  as  is  hereinbefore  provided :  Provided,  That  this  act  sha! 
not  prohibit  any  person  who  has  purchased  a  ticket  from  an; 
agent,  authorized  by  this  act,  with  the  bona  fide  intention  c 
traveling  upon  the  same,  from  selling  any  part  of  the  same  t( 
any  other  person,  if  such  person  travels  upon  the  same. 


AN  ACT  RELATING  TO  THE  LIENS  OF  COMMON  CARRIERS 
AND   OTHERS. 

Approved  ijth  December,  fS6j.     (P.  L.,  1864,  pages  ri2j  and  1128.} 

SECTION  I.  That  in  all  cases  in  which  commission  mer- 
chants, factors,  and  all  common  carriers,  or  other  persons 
shall  have  a  lien  under  existing  laws  upon  any  goods,  wares, 
merchandise,  or  other  property,  for  or  on  account  of  the  costs 
or  expenses  of  carriage,  storage,  or  labor  bestowed  on  such 
goods,  wares,  merchandise,  or  other  property,  if  the  owner  or 
consignee  of  the  same  shall  fail  or  neglect  or  refuse  to  pay  the 
amount  of  charges  upon  any  such  property,  goods,  wares,  or 
merchandise,  within  sixty  days  after  demand  thereof,  made 
personally  upon  such  owner  or  consignee,  then  and  in  such 
case  it  shall  and  may  be  lawful  for  any  such  commission 
merchant,  factor,  common  carrier,  or  other  person  having  such 
lien,  as  aforesaid,  after  the  expiration  of  said  period  of  sixty 
days,  to  expose  such  goods,  wares,  merchandise,  or  other 
property  to  sale  at  public  auction,  and  to  sell  the  same,  or  so 
much  thereof  as  shall  be  sufficient  to  discharge  said  lien, 
together  with  costs  of  sale  and  advertising :  Provided,  That 
notice  of  such  sale,  together  with  the  name  of  the  person  or 
persons  to  whom  such  goods  shall  have  been  consigned,  shall 
have  been  first  published  for  three  successive  weeks  in  a 
newspaper  published  in  the  county,  and  by  six  written  or 
printed  handbills,  put  up  in  the  most  public  and  conspicuous 
places  in  the  vicinity  of  the  depot  where  the  said  goods 
may  be. 

SEC.  2.  That  upon  the  application  of  any  of  the  persons  or 
corporations  having  a  lien  upon  goods,  wares,  merchandise, 
or  other  property,  as  mentioned  in  the  first  section  of  this  act, 
verified  by  affidavit,  to  any  of  the  judges  of  the  courts  of 
common  pleas  of  this  Commonwealth,  setting  forth  that  the 
places  of  residence  of  the  owner  and  consignee  of  any  such 
goods,  wares,  merchandise,  or  other  property  are  unknown,  or 
that  such  goods,  wares,  merchandise,  or  other  property  are  of 
such  perishable  nature,  or  so  damaged,  or  showing  any  other 
cause  that  shall  render  it  impracticable  to  give  the  notice  as 


114 

provided  for  in  the  first  section  of  this  act,  then  and  in  sue 
case  it  shall  and  may  be  lawful  for  a  judge  of  the  city  ( 
county  in  which  the  goods  may  be  to  make  an  order,  to  be  b 
him  signed,  authorizing  the  sale  of  such  goods,  wares,  merchai 
dise,  or  other  property,  upon  such  terms  as  to  notice  as  it 
nature  of  the  case  may  admit  of  and  to  such  judge  shall  see; 
meet:  Provided,  That  in  cases  of  perishable  property,  tl 
affidavit  and  proceedings  required  by  this  section  may  be  ha 
before  a  justice  of  the  peace. 

SEC.  3.  That  the  residue  of  moneys  arising  from  any  sue 
sales,  either  under  the  first  or  second  sections  of  this  act,  aft* 
deducting  the  amount  of  the  lien,  as  aforesaid,  together  wil 
costs  of  advertising  and  sales,  shall  be  held  subject  to  tf 
order  of  the  owner  or  owners  of  such  property. 

SEC.  4.  That  an  act  of  the  general  assembly,  entitled  "A 
act  in   reference  to   liens    of  common   carriers  and   others 
approved   the    sixteenth   day  of  March,  Anno   Domini    or 
thousand  eight  hundred  and  fifty-eight,  be  and  the  same 
hereby  repealed. 


AN     ACT     IN     RELATION     TO     FEEDING     S.TOCK     WHIL 
AWAITING  TRANSPORTATION   ON  RAILROADS. 

Approved  -i6th  of  December,  1863.     (P.  L.,  1864,  pages  if  24  and  1125.} 

SECTION  I.  That  it  shall  be  lawful  for  drovers,  owners, 
shippers  of  horses,   cattle,   sheep,   hogs,   and   other  anima 
upon  the  several  railroads  of  this  Commonwealth,  and  they 
either  of  them,  by  themselves  or  their  agents,  shall  have  t) 
right  at  all  seasonable  hours  to  enter  any  of  the  stock 
cattle  yards  of  any  of  said  companies,  used  in  connection  wi 
said  railroads,  for  the  purpose  of  feeding  and  taking  care 
said  animals  while  in  said  yards  waiting  transportation ;  ai 
when  the  cars  have  been  designated  by  railroad  companies 
their  agents  to  receive  any  of  said  animals  for  transportati* 
on  said  roads,  it  shall  be  lawful,  and  the  said  drovers,  owne 
or  shippers  of  said  animals,  or  their  agents,  shall  have  t 
right  to  provide  suitable  and  customary  bedding  for  the  ki 


of  animals  to  be  transported,  and  place  same  in  said  cars 
before  said  animals  are  put  into  the  same  for  transportation : 
And  provided,  That  said  bedding  shall  be  of  the  usual  and 
customary  kind  used  for  that  purpose,  and  shall  not  increase 
the  risk  or  hazard  of  said  companies  in  the  said  transportation. 


AN  ACT  RELATING  TO  RAILROAD  AND  CANAL  COMPANIES. 

Approved  nth  April,  1864.     (P.  Z,.,  1864,  pages  jgj  and 394.) 

SECTION  I .  That  it  shall  and  may  be  lawful  for  any  canal 
company  incorporated  by  this  Commonwealth,  to  enter  into 
any  contract  or  contracts  with  any  other  canal  or  railroad 
company  with  reference  to  the  traffic  to  be  carried  on  their 
respective  works,  the  proportion  thereof,  the  rates  to  be  paid 
therefor,  and  for  paying  a  proportion  of  the  expenses  of 
operating  any  railroads,  transporting  freight,  using  either  of 
the  improvements ;  and  all  contracts  heretofore  made  with 
respect  to  the  matters  aforesaid  are  validated  and  confirmed  : 
Provided,  however,  That  nothing  herein  contained  shall  author- 
ize either  of  the  parties  to  said  contract  to  make  higher  or 
greater  charges  than  are  now  allowed  by  law,  nor  to  affect  in 
any  way  the  right  of  companies,  individuals,  and  the  public  to 
use  the  respective  works  and  to  pursue,  without  interference, 
their  lawful  employments  on  the  same  respectively,  under 
existing  laws. 


A  SUPPLEMENT  TO  THE  ACT  CONCERNING  THE  SALE 
OF  RAILROADS,  CANALS,  TURNPIKES,  BRIDGES,  AND 
PLANK  ROADS,  APPROVED  THE  EIGHTH  DAY  OF  APRIL, 
A.  D.  1861. 

Approved  i8th  April,  1864.     (P.  L.,  1864,  page  452.} 

SECTION  I.  That  whenever  any  railroad,  canal,  turnpike, 
bridge,  or  plank  road  of  any  corporation  created  by  or  under 
any  law  of  this  State,  shall  be  sold  and  conveyed  by  an 
assignee  or  trustee  of  the  property  of  such  corporation  as 


such,  constituted  for  the  use  or  benefit  of  all  the  creditor 
thereof,  such  sale  and  conveyance  shall  confer  the  same  privi 
leges  and  impose  the  same  duties  and  restrictions  upon  th< 
person  or  persons  for  or  on  whose  account  the  same  may  b< 
purchased,  and  otherwise  operate  in  all  respects  as  is  provide* 
in  the  said  act  to  which  this  is  a  supplement  in  regard  to  an; 
sale  or  conveyance  under  or  by  virtue  of  any  process  or  decre< 
of  any  court. 


AN  ACT  RELATIVE  TO  RAILROADS  USING  STEAM  IN  THI 
CITY  OF  PHILADELPHIA. 

Approved  2jd  April,  1864.      (P.  L.,  1864,  page  550.) 

WHEREAS,  The  public  safety  and  convenience  require  tha 
the  railroads  using  steam  should,  whenever  it  is  reasonabb 
convenient,  pass  over  or  under  the  public  highways;  therefore 

SECTION  i.  That  the  tenth  section  of  the  act,  approved  th 
twenty-first  day  of  April,  Anno  Domini  one  thousand  eigh 
hundred  and  fifty-five,  entitled  "  A  supplement  to  the  act  con 
solidating  the  city  of  Philadelphia,"  shall  not  apply  to  an; 
railroad  chartered,  or  which  may  hereafter  be  charterec 
authorized  by  law  to  use  steam  as  a  motive-power,  and  shal 
only  apply  to  passenger  railways  using  public  streets  laid  ou 
according  to  law. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "  AN  ACT  RE 
LATING  TO  RAILROAD  COMPANIES,"  PASSED  MA' 
i6th,  1861. 

Approved  27 th  April,  1864.     (P.  L.,  1864,  pages  6ij  and  6i8.~) 

SECTION  i.  That  whenever  any  merger  or  consolidatio 
shall  take  place  between  two  or  more  railroad  companie. 
under  and  by  virtue  of  the  act  of  assembly  to  which  this  is 
supplement,  the  company  into  which  such  merger  shall  tak 
place  shall  have  power  and  authority  to  make  such  increas 
in  its  capital  stock  and  shares  as  may  be  expedient  in  carryin 


such  merger  or  consolidation  into  effect :  Provided,  however, 
That  such  increase  shall  not  be  more  than  the  amount  of  the 
capital  stock  and  shares  of  the  company  or  companies  so 
merged  and  consolidated. 


AN   ACT  TO    PROVIDE  ADDITIONAL   REVENUE    FOR    THE 
USE    OF    THE    COMMONWEALTH. 

Approved  2^th  of  August,  1864.     (P.  L.,  1864,  pages  988  and  9<?9-) 

SECTION  I.  That  the  president,  treasurer,  cashier,  or  other 
financial  officer  of  every  railroad  company,  steamboat  com- 
pany, canal  company,  and  slack-water  navigation  company, 
and  all  other  companies  now  or  hereafter  doing  business 
within  this  State,  and  upon  whose  works  freight  may  be 
transported,  whether  by  such  company  or  by  individuals,  and 
whether  such  company  shall  receive  compensation  for  trans- 
portation, for  transportation  and  toll,  or  shall  receive  tolls 
only,  except  turnpike  companies,  plank  road  companies,  and 
bridge  companies,  shall,  within  thirty  days  after  the  first  days 
of  January,  April,  July,  and  October  of  every  year,  make 
return  in  writing  to  the  auditor-general,  under  oath  or  affirma- 
tion, stating  fully  and  particularly  the  number  of  tons  of  freight 
carried  over,  through,  or  upon  the  works  of  said  company  for 
the  three  months  immediately  preceding  each  of  the  above- 
mentioned  days ;  and  each  of  said  companies,  except  as  afore- 
said, shall,  at  the  time  of  making  such  return,  pay  to  the  State 
treasurer  for  the  use  of  the  Commonwealth,  on  each  two 
thousand  pounds  of  freight  so  carried,  tax  at  the  following 
rates,  viz.: — First ,  on  the  product  of  mines,  quarries,  and  clay 
beds,  in  the  condition  in  which  said  products  may  be  taken 
therefrom,  two  cents ;  second,  on  hewn  timber,  animal  food, 
including  live  stock,  also  on  the  product  of  the  forest,  vege- 
table and  other  agricultural  products,  the  value  of  which  has 
not  been  increased  by  labor,  three  cents ;  third,  on  all  other 
articles,  five  cents.  Where  the  same  freight  shall  be  carried 
over  and  upon  different  but  continuous  lines,  said  freight  shall 
be  chargeable  with  tax  as  if  it  had  been  carried  but  upon  one 
line,  and  the  whole  tax  shall  be  paid  by  such  one  of  said 


companies  as  the  State  treasurer  may  select  and  notify  thereo 
Corporations  whose  lines  of  improvement  are  used  by  othei 
for  the  transportation  of  freight,  and  whose  only  earning 
arise  from  tolls  charged  for  such  use,  are  authorized  to  ad 
the  tax  hereby  imposed  to  said  tolls,  and  collect  the  sarr 
therewith,  but  in  no  case  shall  tax  be  twice  charged  on  th 
same  freight  carried  on  or  over  the  same  line  of  improv< 
ments  :  Provided,  That  every  company  now  or  hereafter  inco: 
porated  by  this  Commonwealth,  whose  line  extends  into  an 
other  State,  and  every  corporation,  company,  or  individual  < 
any  other  State,  holding  and  enjoying  any  franchises,  propert; 
or  privileges  whatever  in  this  State,  by  virtue  of  the  lav 
thereof,  shall  make  returns  of  freight  and  pay  for  the  freigl 
carried  over,  through,  and  upon  that  portion  of  their  lin< 
within  this  State  as  if  the  whole  of  their  respective  lines  wei 
in  this  State. 

(Supplied  but  not  repealed  in  direct  terms  by  act  of  May  is 
1868.) 


AN  ACT  EMPOWERING  RAILROAD  COMPANIES  TO  EMPLO 
POLICE  FORCE. 

Approved  2jth  February,  1865.     (P.  L.,  1865,  pages  225  and  226.) 

SECTION  I.  That  any  corporation  owning  or  using  a  railroz 
in  this  State  may  apply  to  the  governor  to  commission  sue 
persons  as  the  said  corporation  may  designate  to  act  ; 
policemen  for  said  corporation. 

SEC.  2.  The  governor,  upon  such  application,  may  appoi 
such  persons,  or  so  many  of  them  as  he  may  deem  proper, 
be  such  policemen,  and  shall  issue  to  such  person  or  persoi 
so  appointed  a  commission  to  act  as  such  policemen. 

SEC.  3.  Every  policeman  so  appointed  shall,  before  enterir 
upon  the  duties  of  his  office,  take  and  subscribe  the  oa 
required  by  the  eighth  article  of  the  Constitution,  before  tl 
recorder  of  any  county  through  which  the  railroad  for  whit 
such  policeman  is  appointed  shall  be  located ;  which  oat 
after  being  duly  recorded  by  such  recorder,  shall  be  filed 


the  office  of  the  secretary  of  State,  and  a  certified  copy  of  such 
oath,  made  by  the  recorder  of  the  proper  county,  shall  be 
recorded  with  the  commission  in  every  county  through  or 
into  which  the  railroad  for  which  such  policeman  is  appointed 
may  run,  and  in  which  it  is  intended  the  said  policeman  shall 
act ;  and  such  policemen  so  appointed  shall  severally  possess 
and  exercise  all  the  powers  of  policemen  of  the  city  of  Phila- 
delphia, in  the  several  counties  in  which  they  shall  be  so  author- 
ized to  act  as  aforesaid ;  and  the  keepers  of  jails  or  lock-ups 
or  station-houses,  in  any  of  said  counties,  are  required  to 
receive  all  persons  arrested  by  such  policemen  for  the  com- 
mission of  any  offense  against  the  laws  of  this  Commonwealth 
upon  or  along  said  railroads  or  the  premises  of  any  such 
corporation,  to  be  dealt  with  according  to  law. 

SEC.  4.  Such  railroad  police  shall,  when  on  duty,  severally 
wear  a  metallic  shield,  with  the  words  "  railway  police"  and 
the  name  of  the  corporation  for  which  appointed  inscribed 
thereon,  and  said  shield  shall  always  be  worn  in  plain  view, 
except  when  employed  as  detectives. 

SEC.  5.  The  compensation  of  such  police  shall  be  paid  by  the 
companies  for  which  the  policemen  are  respectively  appointed, 
as  may  be  agreed  upon  between  them. 

SEC.  6.  Whenever  any  corporation  shall  no  longer  require 
the  services  of  any  policeman  so  appointed  as  aforesaid,  they 
may  file  a  notice  to  that  effect,  under  their  corporate  seal, 
attested  by  their  secretary,  in  the  several  offices  where  the 
commission  of  such  policeman  has  been  recorded,  which  shall 
be  noted  by  the  several  recorders  upon  the  margin  of  the 
record  where  such  commission  is  recorded,  and  thereupon 
the  power  of  such  policeman  shall  cease  and  be  determined. 


AN  ACT  TO  PROMOTE  THE  SAFETY  OF  TRAVELERS  ON 
RAILROADS,  AND  TO  PUNISH  NEGLIGENT  AND  CARE- 
LESS EMPLOYEES  THEREOF. 

Approved  22d  March,  1865.     (P.  L.,  1865,  pages  jo  and  jr.) 

SECTION  I.  From  and  after  the  passage  of  this  act,  if  any 
person  or  persons  in  the  service  or  employ  of  a  railroad  or 


120 

other  transportation  company  doing  business  in  this  Stat 
shall  refuse  or  neglect  to  obey  any  rule  or  regulation  of  sue] 
company,  or,  by  reason  of  negligence  or  willful  misconducl 
shall  fail  to  observe  any  precaution  or  rule  which  it  was  hi 
duty  to  obey  and  observe,  and  injury  or  death  to  any  persoi 
or  persons  shall  thereby  result,  such  person  or  persons  s< 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and  o; 
conviction  thereof  shall  be  sentenced  to  pay  a  fine  not  exceed 
ing  five  thousand  dollars  and  to  undergo  an  imprisonment  i: 
the  county  jail,  or  in  the  State  penitentiary,  not  exceeding  fiv 
years:  Provided,  That  nothing  in  this  act  shall  be  construe< 
to  be  a  bar  to  a  trial  and  conviction  for  any  other  or  highe 
offense,  or  to  relieve  such  person  or  persons  from  liability  i; 
a  civil  action  for  such  damages  as  may  have  been  sustained. 

SEC.  2.  It  shall  be  the  duty  of  the  prosecuting  attorney  c 
the  city  or  county  where  any  such  injuries  may  have  happenec 
as  soon  as  he  shall  have  notice  of  the  same,  to  take  immediat 
action  and  legal  measures  for  the  apprehension  and  arrest  c 
the  person  or  persons  who  may  be  charged  with  causing  th 
injuries  as  aforesaid,  and  to  direct  subpoenas  to  issue  from  an; 
justice  of  the  peace  to  witnesses,  to  appear  and  testify  on  th 
part  of  the  Commonwealth  touching  such  offenses  charged  a 
aforesaid,  and  to  prosecute  the  offenders  as  in  other  cases  c 
misdemeanor :  And  provided  further,  That  no  conviction  c 
the  employees  shall  relieve  the  company  from  any  liability  fo 
any  such  injuries  or  death. 


AN  ACT  TO  AUTHORIZE  RAILROAD  COMPANIES  WHOS1 
LINES  REACH  NAVIGABLE  STREAMS  TO  ERECT  DOCKS 
PIERS,  OR  WHARVES  THEREIN,  AND  TO  TAKE  PRIVAT1 
PROPERTY  FOR  SUCH  PUBLIC  USE,  ON  COMPENSATION 
AND  RATIFYING  THE  PURCHASE  OF  THE  SAME. 

Approved  2jd  March,  1865.     (P.  L.,  1865,  page  jj.) 

SECTION  i .  That  it  may  be  lawful  for  any  railroad  company 
chartered  by  this  Commonwealth,  the  line  of  whose  roac 
crosses  or  reaches  any  navigable  streams,  to  erect  in  sucl 


121 

stream  such  docks,  wharves,  and  piers  as  may  by  them  be 
deemed  needful  for  the  accommodation  of  the  public  and  the 
business  thereof;  and  for  such  purpose  such  companies  may, 
from  time  to  time,  purchase  or  take  and  hold  any  lands, 
wharves,  docks,  or  piers,  giving  security  and  making  com- 
pensation to  the  owners  thereof  in  the  manner  provided  by  the 
act  entitled  "An  act  regulating  railroad  companies,"  approved 
the  nineteenth  day  of  February,  Anno  Domini  one  thousand 
eight  hundred  and  forty-nine,  and  all  supplements  thereto : 
Provided  always,  That  the  navigation  of  such  rivers  or  streams 
shall  not  be  impeded  by  the  construction  of  such  docks,  piers, 
or  wharves,  and  that  the  same  shall  not  be  constructed  in  the 
rivers  Delaware  or  Schuylkill,  at  the  city  of  Philadelphia 
without  the  license  and  authority  of  the  board  of  wardens  of 
the  said  city  of  Philadelphia,  and  in  the  way  and  manner  now 
authorized  by  law ;  and  all  purchases  heretofore  made  by  any 
railroad  company  for  such  purpose  or  purposes  be  and  the 
same  are  hereby  ratified  and  confirmed. 


A    FURTHER    SUPPLEMENT    TO    "AN   ACT    RELATING    TO 
RAILROAD  COMPANIES,"  PASSED  MAY  i6th,  1861. 

Approved  2jd  March,  1865.     (P.  L.,  1865,  pages  41  and  42.} 

SECTION  i.  That  in  all  cases  of  merger  or  consolidation  of 
two  or  more  railroad  companies,  under  and  by  virtue  of  the 
act  of  assembly  to  which  this  is  a  further  supplement,  the 
company  into  which  such  merger  shall  heretofore  have  been 
or  may  be  hereafter  made,  shall  have  the  power  and  authority 
to  issue  bonds,  with  coupons  for  interest  thereto  attached,  and 
to  create  a  mortgage  of  all  its  property,  real  and  personal,  and 
also  of  all  its  rights,  privileges,  and  franchises,  to  trustees,  to 
secure  the  payment  of  the  bonds  so  issued,  and  to  give  and 
exchange  the  said  bonds  for  the  debts  of  the  respective  com- 
panies so  merged  or  consolidated :  Provided,  That  the  bonds 
so  issued  shall  not  exceed  in  amount  the  whole  of  the  debts 


122 

of  such  companies  so  merged,  and  that  said  bonds  shall  n< 
bear  a  rate  of  interest  of  more  than  seven  per  centum  p( 
annum. 

SEC.  2.  That  the  bonds  so  issued  may  be  given  in  liei 
exchange,  and  satisfaction  of  and  for  all  bonds,  mortgages,  c 
other  debts  or  claims  against  the  companies  thus  merged  an 
consolidated,  upon  such  terms  as  may  be  agreed  upon  by  an 
between  the  holders  of  such  debts  or  claims  and  the  compan 
into  which  such  merger  or  consolidation  has  taken  place. 


A    SUPPLEMENT     TO     AN     ACT     RELATING    TO    FENCES 
APPROVED  APRIL  i4th,  1851. 

Approved  2jd  March,  1865.     (P.  L.,  ^$65,  pages  42  and  43.} 

SECTION  i.  That  if  any  person  or  persons,  from  and  afte 
the  passage  of  this  act,  shall  maliciously  or  wantonly  breal 
or  throw  down  any  post  and  rail  or  other  fence  erected  fo 
the  enclosure  of  land,  or  shall  carry  away,  break,  or  destro} 
any  post,  rail,  or  other  material  of  which  such  fence  wa 
built,  enclosing  any  lots  or  fields  within  the  Commonwealth 
such  person  or  persons  so  offending  shall  be  guilty  of  a  mis 
demeanor,  and  on  conviction  shall  be  sentenced  to  pay  a  fin< 
not  exceeding  fifty  dollars,  one-half  thereof  to  be  paid  to  th< 
informer,  on  conviction  of  the  offender  or  offenders,  the  othe] 
half  to  the  support  of  the  poor  of  such  county,  township 
borough,  or  ward  where  the  offense  has  been  committed 
with  costs  of  prosecution,  or  to  undergo  an  imprisonment  no- 
exceeding  six  months,  or  both  or  either,  at  the  discretion  o 
the  court. 

SEC.  2.  That  all  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 


123 

A  SUPPLEMENT  TO   THE   GENERAL   LAW   RELATING   TO 
RAILROAD  COMPANIES,  APPROVED  igth  FEBRUARY,  1849. 

Approved  2jth  March,  1865.     (P.  Z,.,  1865,  page  43.} 

SECTION  I.  That  any  company  incorporated  under  any  law 
of  this  Commonwealth,  and  having  authority  to  construct  a 
railroad  or  railroads  within  the  same,  under  the  provisions 
of  the  general  railroad  act  of  the  ipth  February,  one  thou- 
sand eight  hundred  and  forty-nine,  shall  be  and  is  hereby 
authorized,  from  time  to  time,  to  receive  subscriptions  for 
and  issue  such  additional  shares  of  capital  stock  as  may 
be  necessary  to  construct  and  fully  equip,  with  suitable 
locomotive-engines  and  rolling  stock,  such  railroad  or  rail- 
roads ;  the  par  value  of  which  additional  shares  shall  be  the 
same  as  that  of  the  then  existing  shares  of  said  company,  and 
the  stock  so  issued  shall  stand,  in  all  respects,  upon  the  footing 
of  the  original  stock  thereof. 

SEC.  2.  That  the  number  of  directors  to  be  elected  by  any 
railroad  company  incorporated  by  any  law  of  this  Common- 
wealth may  be  increased  (if  deemed  expedient)  to  any 
number  exceeding  thirteen. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT  REGULATING 
RAILROAD  COMPANIES,  APPROVED  THE  NINETEENTH 
DAY  OF  FEBRUARY,  A.  D.  1849. 

Approved  2^th  March,  1865,     (P.  L.,  1865,  pages  49,50,  and  57.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  railroad 
company  or  corporation  organized  under  the  laws  of  this 
Commonwealth,  and  operating  a  railroad,  either  in  whole 
within  or  partly  within  and  partly  without  this  State,  under 
authority  of  this  and  any  adjoining  State,  to  merge  and  con- 
solidate its  capital  stock,  franchises,  and  property  of  any  other 
railroad  company  or  companies  or  corporations,  organized  and 
operated  under  the  laws  of  this  or  any  other  State,  whenever 
the  two  or  more  railroads  of  the  companies  or  corporations 


124 

so  to  be  consolidated  shall  or  may  form  a  continuous  line 
railroad  with  each  other  or  by  means  of  any  intervenir 
railroad :  Provided,  That  railroads  terminating  on  the  banl 
of  any  river,  which  are  or  may  be  connected  by  ferry  < 
otherwise,  shall  be  deemed  continuous  under  this  act:  Ai 
provided  further,  That  nothing  in  this  act  contained  shall  t 
taken  to  authorize  the  consolidation  of  any  company  < 
corporation  of  this  Commonwealth  with  that  of  any  oth< 
State  whose  laws  shall  not  also  authorize  the  like  consolidatio 

SEC.  2.  Said  consolidation  shall  be  made  under  the  coi 
ditions,  provisions,  restrictions,  and  with  the  powers  hereaftt 
in  this  act  mentioned  and  contained,  that  is  to  say — 

First. — The  directors  of  the  several  corporations  proposin 
to  consolidate  may  enter  into  a  joint  agreement,  under  th 
corporate  seal  of  each  company,  for  the  consolidation  of  sai 
companies  and  railroads,  and  prescribing  the  terms  and  cor 
ditions  thereof,  the  mode  of  carrying  the  same  into  effect,  th 
name  of  the  new  corporation,  the  number  and  names  of  th 
directors  and  other  officers  thereof,  and  who  shall  be  the  firs 
directors  and  officers,  and  their  places  of  residence,  the  numbe 
of  shares  of  the  capital  stock,  the  amount  or  par  value  c 
each  share,  and  the  manner  of  converting  the  capital  stock  c 
each  of  the  said  companies  into  that  of  the  new  corporatior 
and  how  and  when  directors  and  officers  shall  be  chosen,  wit! 
such  other  details  as  they  shall  deem  necessary  to  perfect  sucl 
new  organization  and  the  consolidation  of  said  companies  o 
railroads. 

Second, — Said  agreement  shall  be  submitted  to  the  stock 
holders  of  each  of  the  said  companies  or  corporations,  at  ; 
meeting  thereof,  called  separately,  for  the  purpose  of  taking 
the  same  into  consideration;  due  notice  of  the  time  and  place 
of  holding  such  meeting,  and  the  object  thereof,  shall  b< 
given  by  written  or  printed  notices  addressed  to  each  of  the 
persons  in  whose  names  the  capital  stock  of  said  companies 
stands  on  the  books  thereof,  and  delivered  to  such  persons 
respectively,  or  sent  to  them  by  mail,  when  their  post-office 
address  is  known  to  the  company,  and  also  by  a  genera 
notice  published  in  some  newspaper  in  the  city,  town,  01 
county  where  such  company  has  its  principal  office  or  place 


125 

of  business ;  and  at  the  said  meeting  of  stockholders  the 
agreement  of  the  said  directors  shall  be  considered,  and  a 
vote  by  ballot  taken  for  the  adoption  or  rejection  of  the  same, 
each  share  entitling  the  holder  thereof  to  one  vote ;  and  said 
ballots  shall  be  cast  in  person  or  by  proxy;  and  if  two-thirds 
of  all  the  votes  of  all  the  stockholders  shall  be  for  the  adop- 
tion of  said  agreement,  then  that  fact  shall  be  certified  thereon 
by  the  secretary  of  the  respective  companies,  under  the  seal 
thereof;  and  the  agreement  so  adopted,  or  a  certified  copy 
thereof,  shall  be  filed  in  the  office  of  the  secretary  of  the 
Commonwealth,  and  shall  from  thence  be  deemed  and  taken 
to  be  the  agreement  and  act  of  consolidation  of  the  said 
companies;  and  a  copy  of  said  agreement  and  act  of  consoli- 
dation, duly  certified  by  the  secretary  of  the  Commonwealth, 
under  the  seal  thereof,  shall  be  evidence  of  the  existence  of 
said  new  corporation. 

SEC.  3.  Upon  the  making  and  perfecting  the  agreement  and 
act  of  consolidation,  as  provided  in  the  preceding  section,  and 
filing  the  same,  or  a  copy,  with  the  secretary  of  the  Common- 
wealth, as  aforesaid,  the  several  corporations,  parties  thereto,, 
shall  be  deemed  and  taken  to  be  one  corporation,  by  the  name 
provided  in  said  agreement  and  act,  possessing  within  this 
Commonwealth  all  the  rights,  privileges,  and  franchises,  and 
subject  to  all  the  restrictions,  disabilities,  and  duties  of  each 
of  such  corporations  so  consolidated. 

SEC.  4.  Upon  the  consummation  of  said  act  of  consolida- 
tion as  aforesaid,  all  and  singular  the  rights,  privileges,  and 
franchises  of  each  of  said  corporations,  parties  to  the  same, 
and  all  the  property,  real,  personal,  and  mixed,  and  all  debts 
due  on  whatever  account,  as  well  as  of  stock  subscriptions 
and  other  things  in  action,  belonging  to  each  of  such  corpo- 
rations, shall  be  taken  and  deemed  to  be  transferred  to  and 
vested  in  such  new  corporation,  without  further  act  or  deed ; 
and  all  property,  all  rights  of  way,  and  all  and  every  other 
interest  shall  be  as  effectually  the  property  of  the  new  corpo- 
ration as  they  were  of  the  former  corporations,  parties  by 
said  agreement ;  and  the  title  to  real  estate,  either  by  deed  or 
otherwise,  under  the  laws  of  this  Commonwealth,  vested  in 
either  of  such  corporations,  shall  not  be  deemed  to  revert,  or 


126 

be  in  any  way  impaired  by  reason  of  this  act :  Provided,  Th 
all  rights  of  creditors  and  all  liens  upon  the  property  of  eith 
of  said  corporations  shall  be  preserved  unimpaired,  and  tl 
respective  corporations  may  be  deemed  to  continue  in  exis 
ence  to  preserve  the  same  ;  and  all  debts,  liabilities,  and  duti< 
of  either  of  said  companies  shall  thenceforth  attach  to  sa 
new  corporation,  and  be  enforced  against  it  to  the  same  extei 
as  if  said  debts,  liabilities,  and  duties  had  been  incurred  < 
contracted  by  it. 

SEC.  5.  Such  new  company  shall,  as  soon  as  conveniei 
after  such  consolidation,  establish  such  offices  as  may  t 
desirable,  one  of  which  shall  be  at  some  point  in  this  Con 
monwealth,  on  the  line  of  its  road,  and  may  change  the  sarr 
at  pleasure,  giving  public  notice  thereof  in  some  newspapt 
published  on  the  line  of  said  road. 

SEC.  6.  Suits  may  be  brought  and  maintained  against  sue 
new  company  in  any  of  the  courts  of  this  Commonwealth  fc 
all  causes  of  action,  in  the  same  manner  as  against  other  rai 
road  companies  therein. 

SEC.  7.  That  portion  of  the  road  of  such  consolidate 
company  in  this  Commonwealth,  and  all  its  real  estate  an 
other  property,  shall  be  subject  to  like  taxation,  and  assesse 
in  the  same  manner  and  with  like  effect  as  property  of  othe 
railroad  companies  within  this  Commonwealth. 

SEC.  8.  Any  stockholder  of  any  company  hereby  authorize* 
to  consolidate  with  any  other,  who  shall  refuse  to  convert  hi 
stock  into  the  stock  of  the  consolidated  company,  may,  a 
any  time  within  thirty  days  after  the  adoption  of  the  sai< 
agreement  of  consolidation  by  the  stockholders,  as  in  this  ac 
provided,  apply,  by  petition,  to  the  court  of  common  pleas  o 
the  county  in  which  the  chief  office  of  said  company  may  b< 
kept,  or  to  a  judge  of  said  court  in  vacation,  if  no  such  cour 
sits  within  said  period,  on  reasonable  notice  to  said  company 
to  appoint  three  disinterested  persons  to  estimate  the  damage 
if  any,  done  to  such  stockholder  by  said  proposed  consolida 
tion,  and  whose  award,  or  that  of  a  majority  of  them,  wher 
confirmed  by  the  said  court,  shall  be  final  and  conclusive,  anc 
the  persons  so  appointed  shall  also  appraise  said  stock  o 
such  stockholder,  at  the  full  market  value  thereof,  withou 


127 

regard  to  any  depreciation  or  appreciation  in  consequence  of 
the  said  consolidation,  and  the  said  company  may,  at  its 
election,  either  pay  to  the  said  stockholder  the  amount  of 
damages  so  found  and  awarded,  if  any,  or  the  value  of  the 
stock  so  ascertained  and  determined,  and  upon  the  payment 
of  the  value  of  the  stock,  as  aforesaid,  the  said  stockholder 
shall  transfer  the  stock  so  held  by  him  to  said  company,  to  be 
disposed  of  by  the  directors  of  said  company  or  be  retained 
for  the  benefit  of  the  remaining  stockholders  ;  and  in  case  the 
value  of  said  stock,  as  aforesaid,  is  not  so  paid  within  thirty 
days  from  the  filing  of  the  said  award  and  confirmation  by 
said  court  and  notice  to  said  company,  the  damages  so  found 
and  confirmed  shall  be  a  judgment  against  said  company, 
and  collected  as  other  judgments  in  said  court  are  by  law 
recoverable. 

(This  act  supplies  but  does  repeal  in  direct  terms  the  act 
of  1 6th  May,  1861.) 


SUPPLEMENT    TO    AN    ACT    REGULATING    LATERAL 
RAILROADS. 

Approved  i8th  April,  1865.      (P.  L.,  '865,  page  64.) 

SECTION  i.  That  the  act  entitled  "An  act  regulating  lateral 
railroads,"  passed  May  fifth,  one  thousand  eight  hundred  and 
thirty-two,  and  the  several  supplements  thereto,  shall  be 
construed  to  authorize  the  construction  of  a  single  or  double 
track  railroad,  with  the  necessary  sidings,  wharves,  schutes, 
machinery,  fixtures,  and  appurtenances,  for  the  transfer  and 
delivery  of  limestone,  iron  ore,  coal,  and  other  minerals  from 
said  lateral  railroad  on  to  any  public  or  locomotive  road,  the 
damages  to  the  owners  of  the  land  to  be  ascertained  and  paid 
in  the  same  manner  as  under  the  general  railroad  law :  Pro- 
vided, That  not  any  of  said  roads  shall  exceed  five  miles  in 
length. 


128 

AN  ACT  TO  ENTITLE  THE  STOCKHOLDERS  OF  AN 
RAILROAD  COMPANY  INCORPORATED  BY  THIS  COft 
MONWEALTH  ACCEPTING  THIS  ACT  TO  ONE  VOT 
FOR  EACH  SHARE  OF  STOCK. 

Approved  zoth  May,  1865.     (P.  L.,  1865, page  847.} 

SECTION  I.  That  at  all  general  meetings  or  elections  of  th 
stockholders  of  any  railroad  company  incorporated  by  th 
Commonwealth  accepting  this  act  and  held  after  such  accep 
ance,  each  share  of  stock  shall  entitle  the  holder  thereof  t 
one  vote :  Provided,  That  nothing  herein  contained  shall  affec 
stock  held  by  municipal  corporations,  or  any  other  provisior 
of  the  charter  of  such  company,  except  such  as  relat 
exclusively  to  the  number  of  votes  to  which  the  holders  < 
the  shares  of  stock  therein  may  be  entitled. 


AN  ACT  RELATING  TO  THE  USE  OF  TUNNELS  AN! 
BRIDGES  BY  RAILROAD  COMPANIES. 

Approved  2ist  June,  1865.     (P.  Z,.,  1865,  pages  8<fg  and  850.) 

WHEREAS,  Railroad  companies  incorporated  by  or  author 
ized  to  run  within  the  State  of  Pennsylvania  have  erected  an< 
constructed,  or  may  erect  and  construct,  for  the  use  of  thei 
roads,  bridges,  and  tunnels,  and  at  an  expense  vastly  beyon< 
the  proportionate  cost  of  a  like  distance  of  any  other  portioi 
of  their  lines  ; 

AND  WHEREAS,  Other  railroad  companies  have  or  may  b< 
authorized  to  connect  their  roads  with  and  use  the  railroad, 
of  the  company  so  constructing  such  tunnels  or  bridges  ; 

AND  WHEREAS,  It  is  proper  that  the  companies  so  usin^ 
should  pay  for  such  use  a  sum  in  some  degree  proportionate 
to  the  cost  of  such  tunnel  or  bridge  so  used ;  therefore, 

SECTION  I.  That  in  each  and  every  case  in  which  any  rail 
road  company  has  been  or  is  authorized  to  connect  with  anc 
use  the  railroad  of  any  other  company,  and  in  the  exercise  o 
such  right  shall  use  any  bridge  or  tunnel  constructed  by  an> 
other  railroad  company,  then,  and  in  each  and  every  sucr 


I29 

case,  it  shall  be  lawful  for  the  company,  the  road,  bridge,  or 
tunnel  of  which  it  is  so  used,  to  charge  a  sum  equal  to  one- 
half  the  interest,  at  the  rate  of  seven  per  cent,  per  annum, 
upon  the  cost  of  the  bridge,  tunnel,  and  part  of  the  road  so 
used,  and  one-half  of  the  cost  of  repairing,  working,  and 
maintaining  the  same  :  Provided  always,  That  if  the  company 
so  using  the  said  roadway,  bridge,  or  tunnel  shall  transport 
or  have  transported  thereon  a  greater  amount  of  freight  and 
passengers  than  are  transported  thereon  by  the  company 
owning  the  same,  then  and  in  such  case  it  shall  be  lawful  for 
the  company  so  owning  such  roadway,  bridge,  or  tunnel  to- 
require  payment  of  such  amount  of  interest  at  the  rate  afore- 
said, and  of  the  expenses  of  repairing,  working,  and  main- 
taining the  same,  as  shall  be  in  proportion  to  the  amount  of 
business  so  done  thereon  by  the  company  using  the  same :. 
And  provided  further,  That  nothing  herein  contained  shall  be 
construed  to  affect  the  right  of  any  company  to  enter  into  a 
contract  with  respect  to  such  use,  nor  to  affect  any  contract 
already  made. 


AN  ACT  AUTHORIZING  THE  PURCHASE  BY  RAILROAD 
COMPANIES  OF  BRANCH  OR  CONNECTING  ROADS. 

Approved  2ist  June,  1865.     (P.  L.,  1865,  page  832.} 

SECTION  i.  That  when  any  railroad  shall  be  sold  and  con- 
veyed by  virtue  of  any  mortgage  or  deed  of  trust,  or  under 
and  by  virtue  of  any  process  or  decree  of  any  court  of  this 
State,  or  of  the  Circuit  Court  of  the  United  States,  it  may  be 
lawful  for  any  company  of  which  the  railroad  connects  there- 
with to  purchase  and  pa'y  for  the  same,  to  issue  their  own 
stock  for  such  amount  as  the  purchasers  may  deem  the  full 
and  fair  value  thereof,  and  to  hold  and  enjoy  the  railroad  so 
purchased,  with  all  the  rights,  privileges,  and  franchises,  and 
with  the  same  rights  to  charge  for  tolls,  transportation,  and 
car  service,  and  subject  to  the  same  restrictions  as  were  held, 
enjoyed,  and  limited  by  and  in  respect  to  the  company  of 
which  the  road  may  be  so  sold. 


1 3o 

AN  ACT  RELATING  TO  THE  ORGANIZATION  AND  MEEr 
INGS  OF  CERTAIN  CORPORATIONS  INCORPORATE 
UNDER  THE  LAWS  OF  THIS  COMMONWEALTH. 

Approved  2jth  November,  1865.     (P.  L.,  1866,  page  1228.) 

SECTION  i.  That  in  all  cases  where  any  company  has  bee 
incorporated  under  the  laws  of  this  State,  and  a  majority 
the  directors,  corporators,  or  stockholders  thereof  are  citizei 
of  any  other  State,  said  corporation  may  be  organized  ar 
all  the  meetings  of  such  corporators,  directors,  or  stockholde 
held  in  such  place,  whether  in  this  State  or  elsewhere,  as  sue 
majority  may  from  time  to  time  appoint :  Provided,  how  eve 
That  the  annual  election  for  officers  of  such  corporation  sha 
be  held  in  the  State  of  Pennsylvania,  at  such  time  and  plac 
•and  upon  such  notice  by  publication  in  the  newspapers  < 
this  State,  as  the  by-laws  of  such  corporation  may  from  tin: 
to  time  determine. 


AN  ACT  RELATIVE  TO  DUTIES  AND  POWERS  O 
CONSTABLES  AND  RAILROAD  CONDUCTORS  IN  TH 
COUNTIES  OF  ERIE,  CRAWFORD,  LUZERNE,  SUSQUE 
HANNA,  AND  PIKE. 

Approved  izth  March,  1866.     (P.  L.,  1866,  pages  182  and  183.} 

SECTION  2.  It  shall  be  the  duty  of  the  constables,  and  ( 
the  several  police  constables,  officers,  or  detectives,  appointe 
by  the  proper  authorities  in  the  counties  aforesaid,  and  the 
are  hereby  authorized  and  required  to  arrest  any  profession! 
thief,  pickpocket,  or  burglar  who  may  be  found  at  any  stean 
boat  landing,  railroad  depot,  church,  banking  institutioi 
broker's  office,  place  of  public  amusement,  auction-room,  c 
common  thoroughfare,  in  the  city  of  Erie,  in  Corry,  in  th 
county  of  Erie,  and  in  Meadville  or  Titusville,  in  the  count 
of  Crawford,  and  carry  them  forthwith  to  the  mayor  of  th 
city  or  burgess  of  the  borough,  or  a  police  magistrate,  t 
be  appointed  by  the  mayor,  burgess,  or  city  or  town  counc 
respectively;  and  if  it  shall  be  proven,  to  the  satisfaction  c 


the  mayor,  burgess,  or  other  police  magistrate,  by  sufficient 
testimony,  that  the  person  so  arrested  was  attending  or  fre- 
quenting such  place  or  places  for  an  unlawful  purpose,  he  or 
she  shall  be  committed  by  the  said  mayor,  burgess,  or  police 
magistrate  to  the  jail  of  the  proper  county,  for  a  term  not 
exceeding  ninety  days,  at  hard  labor,  or,  at  his  discretion, 
require  the  person  to  give  security  for  his  or  her  good 
behavior,  for  a  period  not  exceeding  one  year,  and  require 
the  person  to  pay  the  costs  incident  to  his  or  her  arrest, 
examination,  and  commitment. 

SEC.  3.  That  the  conductors  on  the  several  railroads,  while 
passing  through  either  of  the  counties  aforesaid,  shall  have 
like  power  to  arrest  any  one  who  may  be  found  stealing  or 
picking  the  pockets  of  passengers  or  others,  or  committing 
any  breach  of  the  peace  on  the  cars,  and  detain  him  or  her 
till  reaching  any  one  of  the  places,  Erie,  Corry,  Meadville,  or 
Titusville,  and  then  deliver  him  or  her  to  a  constable  or  other 
police  authority,  to  be  taken  before  one  of  the  authorities 
mentioned  in  the  preceding  section,  to  be  dealt  with  in  like 
manner  as  is  there  provided  for  real  or  suspicious  offenders; 
and  the  several  magistrates  before  named  shall  have  power  to 
order  the  detention  of  the  person  or  persons  so  arrested,  for  a 
period  not  exceeding  ten  days,  if  it  shall  be  deemed  necessary 
to  obtain  the  requisite  testimony  of  absent  witnesses  to  establish 
their  guilt. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT  PASSED  THE 
TWENTY-FIRST  DAY  OF  FEBRUARY,  ANNO  DOMINI 
ONE  THOUSAND  SEVEN  HUNDRED  AND  SIXTY-SEVEN, 
RELATIVE  TO  VAGRANTS. 

Approved  2ist  March,  1866.     (P.  L.,  1866,  pages  259  and  260.) 

SECTION  i.  That  if  any  person  shall  be  found  by  any 
constable,  police  officer,  or  detective,  staying  or  loitering  in 
or  around  any  steamboat  landing,  railroad  depot,  gambling  or 
drinking  saloon,  restaurant,  banking-house,  broker's  office,  or 


132 

any  place  of  public  amusement,  crowded  thoroughfare,  o 
other  place  of  public  resort,  in  any  city  or  incorporate* 
borough  within  the  counties  of  Erie,  Crawford,  Venango,  am 
Warren,  having  no  apparent  business,  trade,  or  occupatior 
and  without  any  visible  avocation  or  means  of  subsistence,  i 
shall  be  the  duty  of  said  officer  to  arrest  such  person,  an< 
take  him  or  her,  as  soon  as  may  be,  before  the  mayor  of  an* 
city,  the  burgess  of  any  borough,  or  any  convenient  magis 
trate  of  the  place  where  the  arrest  is  made ;  and  upon  du 
proof  of  the  fact,  by  one  or  more  witnesses  or  by  confessior 
and  upon  the  party  arrested  failing  to  furnish  any  reasonabl 
or  satisfactory  account  of  his  or  her  name,  residence,  charactei 
or  business  at  that  place,  he  or  she  shall  be  deemed  and  takei 
to  be  a  vagrant,  and  shall  be  subject  to  all  the  existing  law 
respecting  vagrants  now  in  force  in  this  Commonwealth;  an< 
the  mayor  of  any  city  and  the  burgess  of  every  borougl 
within  the  said  counties  are  hereby  vested  with  full  authority 
and  jurisdiction  to  execute  all  the  provisions  of  this  act  am 
all  existing  laws  relative  to  vagrants. 

SEC.  2.  That  the  burgess  and  town  council  of  each  of  th< 
boroughs  in  said  counties  shall  have  power  to  appoint  one  o 
more  special  policemen  or  detectives,  whenever  they  shal 
deem  it  necessary  for  the  protection  of  their  citizens  o 
strangers  against  the  depredations  of  thieves,  burglars,  pick 
pockets,  gamblers,  or  other  disorderly  persons,  and  appropri 
ate  public  funds  of  said  boroughs  or  levy  tax  for  payment  o 
the  same,  who,  after  being  duly  sworn  to  discharge  the  dutie 
thereof,  shall  have  and  exercise  all  the  powers  of  constable 
in  the  execution  of  all  process  in  criminal  cases  and  under  thi 
act,  and  shall  be  entitled  to  the  same  fees  and  perquisites  a 
are  now  allowed  to  constables  for  similar  services 

SEC.  3.  That  on  the  application  of  any  railroad  company 
having  depots  or  stations  at  any  places  not  incorporated  int( 
boroughs,  or  upon  application  of  a  respectable  number  of  th< 
inhabitants  of  any  borough,  when  the  burgess  and  counci 
have  neglected  or  refused  to  make  the  appointment,  it  shal 
be  lawful  for  the  courts  of  quarter  sessions  of  the  severa 
counties  named  to  appoint  special  policemen  and  detective 
for  such  localities,  who  shall  be  sworn  and  give  bail,  i 


133 

required  by  the  court,  and  shall  hold  their  said  offices  one 
year,  unless  the  appointment  be  sooner  revoked  by  the  court. 

SEC.  4.  That  after  the  arrest  of  any  such  person  as  is  here- 
inbefore described,  and  upon  the  oath  or  affirmation  of  the 
arresting  officer  or  other  person  that  he  has  reason  to  suspect 
and  does  suspect  such  person  of  being  a  gambler,  burglar,  thief, 
or  pickpocket,  it  shall  be  lawful  for  the  mayor,  burgess,  or  jus- 
tice before  whom  such  person  is  brought,  to  direct  the  officer, 
in  his  presence,  or  that  of  some  disinterested  person  named  by 
him,  to  search  the  person,  the  baggage,  and  place  of  residence 
or  resort  of  such  suspected  person,  and  return  to  the  presiding 
magistrate  everything  he  may  find  or  take  deemed  confirm- 
atory of  such  suspicion,  and  everything  not  so  deemed  shall 
be  left  with  or  returned  to  the  owner;  and  if,  upon  said 
examination  and  search,  such  mayor,  burgess,  or  other  magis- 
trate shall  be  satisfied  such  suspected  person  is  a  professional 
gambler,  thief,  pickpocket,  or  burglar,  he  shall  have  power  so 
to  render  his  judgment,  and  then  to  sentence  such  party  to 
pay  a  fine  of  any  sum  not  exceeding  one  hundred  dollars  and 
the  costs  of  prosecution,  and  to  undergo  imprisonment  in  the 
county  jail  for  any  period  not  exceeding  three  months,  or  to 
require  such  party  to  enter  into  recognizance  and  give  bail 
for  his  or  her  appearance  at  the  next  court  of  quarter  sessions, 
in  such  sum  as  he  may  fix;  and  upon  the  failure  of  any  such 
party  to  comply  with  said  sentence  or  give  the  required 
recognizance  and  bail,  to  commit  him  or  her  to  the  jail  of 
the  county;  of  all  of  which  doings  the  said  magistrate  shall 
keep  a  record,  and  transmit  a  certified  copy  of  the  same  to 
the  clerk  of  the  quarter  sessions  at  or  before  the  next 
succeeding  term. 

SEC.  5.  If  any  person  shall  feel  him  or  herself  aggrieved  by 
the  final  adjudication  of  any  mayor,  burgess,  or  justice,  under 
this  act,  he  shall  have  the  right  to  sue  out  a  writ  of  habeas 
corpus  before  any  judge  of  the  county  in  which  he  shall  be  so 
arrested,  and  have  a  rehearing  of  his  case,  or  by  giving  satis- 
factory security,  in  the  usual  form,  shall  have  the  right  to  have 
a  writ  of  certiorari  to  remove  the  proceedings  to  the  next  court 
of  quarter  sessions  for  review,  which  shall  suspend  the  further 
execution  of  the  judgment  or  sentence  until  the  case  is  heard 
and  finally  determined  by  the  court. 


134 

SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  REGU 
LATINO  RAILROAD  COMPANIES,"  APPROVED  FEBRUARY 
NINETEENTH,  ANNO  DOMINI  ONE  THOUSAND  EIGH' 
HUNDRED  AND  FORTY-NINE. 

Approved  ifth  April,  1866.     (P.  L.,  1866,  page  106.) 

SECTION  I .  That  no  suit  or  action  shall  be  brought  against  an^ 
railroad  company  incorporated  by  the  laws  of  this  Common 
wealth,  for  damages  for  right  of  way  or  use  and  occupancy 
of  any  lands  by  said  company  for  the  use  of  their  railroad 
unless  such  suit  or  action  shall  be  commenced  within  fiv< 
years  after  said  lands  shall  have  been  entered  upon  for  th< 
purpose  of  constructing  said  road,  and  within  three  years  afte 
said  road  shall  be  in  operation:  Provided,  That  any  persoi 
who  would  be  sooner  barred  by  this  act  shall  not  be  thereb} 
barred  for  two  years  from  the  date  hereof. 


AN  ACT  RELATING  TO  RAILROADS. 

Approved  ijth  April,  1866.     (P.  L.,  1866,  page  106.) 

SECTION  i.  That  whenever  any  judge  or  judges  of  election 
appointed  in  accordance  with  the  provisions  of  the  fifth  sectior 
of  the  general  act  regulating  railroad  companies,  approvec 
February  nineteenth,  one  thousand  eight  hundred  and  forty 
nine,  shall  fail  to  attend  the  meeting  of  stockholders,  anc 
whenever  any  board  of  directors  shall  neglect  or  refuse  tc 
appoint  such  judges,  then  and  in  such  case  it  shall  be  con- 
sistent for  the  stockholders  of  any  railroad  company,  at  thei: 
annual  meeting,  to  supply  any  vacancy,  or  to  select  prope; 
persons  to  conduct  the  election  for  officers  of  the  corporatior 
for  the  ensuing  year. 


AN  ACT  COMPELLING  RAILROAD  AND  OTHER  CORPO 
RATIONS  TO  PAY  COUNSEL  FEES  OF  PLAINTIFFS  IIv 
CERTAIN  CASES. 

Approved  jd  May,  1866.     (P.  L.,  s866,  page  116.) 

SECTION  i.  That  in  all  cases  where  railroad  or  other  cor 
porations,  not  municipal,  shall  be  liable,  either  as  principal* 


135 

or  guarantors,  to  pay  the  interest  on  bonds,  the  validity  of 
which  bonds  shall  have  been  established  by  a  court  of  com- 
petent jurisdiction,  and  such  corporations  subject  the  holders 
of  such  bonds  to  the  necessity  of  bringing  suits  to  recover 
the  said  interest,  the  said  corporation  shall,  in  addition  to  the 
ordinary  costs  of  suit,  pay  the  fees  of  plaintiff's  counsel,  not 
exceeding  ten  per  cent,  on  the  amount  recovered. 


AN  ACT  RELATING  TO  THE  QUALIFICATIONS  OF  DIRECT- 
ORS OF  RAILROAD   COMPANIES. 

Approved  jth  January,  1867.     (P.  L.,  1867,  page  fj68.) 

SECTION  i.  That  from  and  after  the  passage  of  this  act  all 
citizens  of  the  United  States  shall  be  eligible  to  election  to 
the  office  of  director  of  any  railroad  company  chartered  under 
the  laws  of  this  Commonwealth,  although  they  may  not  be 
residents  of  the  State  of  Pennsylvania:  Provided,  That  they 
shall  be  stockholders  of  the  company  to  be  directors  of  which 
they  may  be  so  elected:  And  provided  further,  That  a  majority 
of  the  board  of  directors  of  every  such  railroad  company 
shall  be  citizens  of  Pennsylvania. 


AN  ACT  TO  EXTEND  THE  PROVISIONS  OF  THE  ACT 
CONCERNING  THE  SALE  OF  RAILROADS,  CANALS,  TURN- 
PIKES, BRIDGES,  AND  PLANK  ROADS  TO  SALES  MADE 
OR  TO  BE  MADE  UNDER  OR  BY  VIRTUE  OF  A  POWER 
OF  SALE  IN  MORTGAGE  OR  DEED  OF  TRUST,  WITHOUT 
JUDICIAL  PROCESS  OR  DECREE. 

Approved  iqth  February,  1867.      (P.  L.,  1867,  page  28.) 

SECTION  I.  That  all  the  provisions  of  the  act  entitled  "An 
act  concerning  the  sale  of  railroads,  canals,  turnpikes,  bridges, 
and  plank  roads,"  approved  the  eighth  day  of  April,  Anno 


1 36 

Domini  one  thousand  eight  hundred  and  sixty-one,  sha 
extend  and  apply  to  sales  and  conveyances  heretofore  c 
hereafter  made  under  or  by  virtue  of  a  power  of  sale  cor 
tained  in  any  mortgage  or  deed  of  trust,  without  any  prc 
cess  or  decree  of  court  in  the  premises;  and  the  perso 
or  persons,  for  or  on  account  of  whom  such  railroad,  cana 
turnpike,  bridge,  or  plank  road  shall  have  been  or  hereaftc 
may  be  purchased  shall  have  and  enjoy  all  the  rights  an 
privileges  granted  and  conferred  by  the  said  act  upon  th 
person  or  persons  purchasing  under  judicial  process  c 
decree,  as  in  said  act  mentioned. 


AN  ACT  MAKING  IT  AN  OFFENSE  FOR  RAILROAD  COR 
PORATIONS  WITHIN  THIS  COMMONWEALTH  TO  MAK] 
ANY  DISTINCTION  WITH  THEIR  PASSENGERS  ON  AC 
COUNT  OF  RACE  OR  COLOR,  AND  PUNISHING  SAI1 
CORPORATIONS  AND  THEIR  AGENTS  AND  EMPLOYEE! 
FOR  THE  COMMISSION  OF  SUCH  OFFENSE. 

Approved  22d  March,  i86j.     (P.  L.,  i86j,  pages  38  and  jp.) 

SECTION  I.  That  on  and  after  the  passage  of  this  act  an] 
railroad  or  railway  corporation  within  this  Commonwealtl 
that  shall  exclude,  or  allow  to  be  excluded  by  their  agents 
conductors,  or  employees,  from  any  of  their  passenger  cars,  an] 
person  or  persons  on  account  of  color  or  race,  or  that  shal 
refuse  to  carry  in  any  of  their  cars  thus  set  apart  any  persoi 
or  persons  on  account  of  color  or  race,  or  that  shall  for  sucl 
reason  compel  or  attempt  to  compel  any  person  or  persons  t< 
occupy  any  particular  part  of  any  of  their  cars  set  apart  fo 
the  acommodation  of  people  as  passengers,  shall  be  liable,  ir 
an  action  of  debt,  to  the  person  thereby  injured  or  aggrieved 
in  the  sum  of  five  hundred  dollars,  the  same  to  be  recovered  ii 
an  action  of  debt  as  like  amounts  are  now  by  law  recoverable 

SEC.  2.  That  any  agent,  conductor,  or  employee  of  any  rail 
road  or  railway  corporation  within  this  Commonwealth  whc 
shall  exclude,  allow  to  be  excluded,  or  assist  in  the  exclusion 


137 

from  any  of  their  cars  set  apart  for  the  accommodation  of 
passengers,  any  person  or  persons  on  account  of  color  or  race, 
or  who  shall  refuse  to  carry  such  person  or  persons  on  account 
of  color  or  race,  or  who  shall  throw  any  car  or  cars  from  the 
track,  thereby  preventing  persons  from  riding,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
pay  a  fine  not  exceeding  five  hundred  dollars  nor  less  than 
one  hundred  dollars,  or  be  imprisoned  for  a  term  not  exceed- 
ing three  months  nor  less  than  thirty  days,  or  both,  at  the 
discretion  of  the  court. 


AN    ACT    DECLARATORY    OF    THE    STATUTES    OF 
LIMITATION. 

Approved  2$th  March,  fS6j.     (P.  L.,  fS6j,  pages  48  and  4q.) 

WHEREAS,  Doubts  have  been  raised  as  to  the  proper  con- 
struction of  the  statutes  of  limitation; 

AND  WHEREAS,  It  is  just  that  suits  for  supposed  claims 
should  be  speedily  brought  before  the  lapse  of  time  destroys 
the  evidence  of  defense  or  impairs  the  recollection  of  wit- 
nesses; therefore, 

SECTION  i.  That  it  is  hereby  declared  to  be  the  true  intent 
and  meaning  of  the  statutes  of  limitation,  that  no  suit  at  law 
or  in  equity  shall  be  brought  or  maintained  against  any  stock- 
holder or  director  in  any  corporation  or  association  to  charge 
him  with  any  claim  for  materials  or  moneys  for  which  said 
corporation  or  association  could  be  sued,  or  with  any  neglect 
of  duty  as  such  stockholder  or  director,  except  within  six 
years  after  the  delivery  of  the  materials  or  merchandise,  or 
the  lending  to  or  deposit  of  money  with  said  corporation  or 
association,  or  the  commission  of  such  act  of  negligence  by 
such  stockholder  or  director. 


138 

AN  ACT  TO  AUTHORIZE  THE  PRESIDENT  AND  DIRECTOR 
OF  ANY  RAILROAD  COMPANY  TO  DETERMINE  B 
RESOLUTION  THE  MANNER  IN  WHICH  AND  TH 
PERSONS  TO  WHOM  THE  INCREASED  CAPITAL  STOC 
THEREOF  MAY  BE  SOLD,  AND  THE  AMOUNTS  OF  TH 
INSTALLMENTS  THEREON  AND  THE  TIMES  AND  MA^ 
NER  OF  THEIR  PAYMENT. 

Approved  roth  April,  1867.     (P.  L.,  1867,  page  61.} 

SECTION  i.  That  in  all  cases  where  any  railroad  compan 
is  authorized  to  increase  its  capital  stock,  and  such  increas 
has  been  or  may  be  authorized  by  the  stockholders,  it  sha 
and  may  be  lawful  for  the  president  and  directors  to  determin 
by  resolution  in  what  manner  and  by  whom  the  same  shall  b 
subscribed  or  to  whom  the  same  shall  be  issued  or  sold,  an 
the  amounts  of  the  several  installments  to  be  paid  thereo 
and  the  times  and  manner  in  which  the  same  shall  be  paid. 


AN  ACT  TO  REGULATE  THE  CARRIAGE  OF  BAGGAG: 
BY  RAILROAD  COMPANIES,  AND  TO  PRESCRIBE  TH] 
DUTIES  AND  OBLIGATIONS  OF  CARRIERS  AND  PAS 
SENGERS  IN  RELATION  THERETO. 

Approved  nth  April,  1867.      (P.  L.,  i86j,  pages  69  and  70.) 

SECTION.  I.  That  each  passenger  upon  a  railroad  shall  hav 
the  right  to  have  carried  in  the  car  or  place  provided  for  tha 
purpose,  in  the  train  in  which  he  or  she  may  be  a  passengei 
his  or  her  personal  clothing,  not  exceeding,  inclusive  of  th 
trunk  or  box  in  which  it  may  be  contained,  one  hundre< 
pounds  in  weight  and  three  hundred  dollars  in  value. 

SEC  2.  That  no  railroad  company  shall,  under  any  circum 
stances,  be  liable  for  loss  or  damage  to  any  baggage  or  propert 
belonging  to  any  such  passenger  beyond  the  said  sum  c 
three  hundred  dollars,  unless  it  shall  be  proved  that  the  exces 
in  value  thereof  over  that  sum  was  truly  declared  to  the  agent 
of  the  company  at  the  time  of  its  delivery  for  transportatior 
and  the  sum  charged  by  the  railroad  company  for  such  trans 
portation  over  and  above  passage  fare  was  paid:  Provider 


J39 

however,  That  the  said  declaration  shall  not  relieve  the 
claimant  from  proving  the  actual  value  of  the  articles  alleged 
to  have  been  lost  or  damaged ;  but  in  no  event  shall  there  be 
any  recovery  beyond  the  value  thus  declared. 

SEC.  3.  That  no  railroad  company  providing  a  car  or  other 
place  for  the  deposit  of  passengers'  baggage  shall,  under  any 
circumstances,  be  liable  for  loss  of  or  damage  to  any  articles 
or  property  whatsoever  not  there  deposited  by  the  passenger, 
or  which  are  placed  by  him  or  her  in  the  car  in  which  he  or 
she  is  to  be  transported. 


A  FURTHER  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN 
ACT  REGULATING  RAILROAD  COMPANIES,"  APPROVED 
FEBRUARY  igth,  ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-NINE. 

Approved  i $th  April,  1867.     (P.  L.,  r86?,  page  84.) 

SECTION  i.  That  the  provisions  of  the  first  section  of  an  act 
passed  the  seventeenth  day  of  April,  Anno  Domini  one  thou- 
sand eight  hundred  and  sixty-six,  entitled  "  Supplement  to  an 
act  entitled  'An  act  regulating  railroad  companies,'  approved 
February  nineteenth,  Anno  Domini  one  thousand  eight  hun- 
dred and  forty-nine,"  shall  not  apply,  or  be  deemed  or  taken 
to  have  applied,  to  any  action  or  proceeding  pending  at  the 
time  of  the  passage  of  the  said  act  of  the  seventeenth  day  of 
April,  Anno  Domini  one  thousand  eight  hundred  and  sixty- 
six,  nor  in  any  way  to  affect  the  parties  to  such  action  or 
proceeding. 


AN  ACT  IN  RELATION  TO  TAXATION  UPON  THE  STOCK- 
HOLDERS OF  CORPORATIONS. 

Approved  jd  January,  1868.     (P.  L.,  1868,  page  13 r 8.) 

SECTION  i.  That  from  and  after  the  passage  of  this  act  the 
shares  of  stock  held  by  any  stockholder  in  any  institution  or 
company  incorporated  under  the  laws  of  this  State,  which  in 
its  corporate  capacity  is  liable  to  and  pays  into  the  State 


140 

treasury  the  tax  on  capital  stock  imposed  by  the  act  approve 
April  twelfth,  Anno  Domini  one  thousand  eight  hundred  ai 
fifty-nine,  entitled  "An  act  to  equalize  taxation  upon  corp 
rations,"  shall  not  be  taxable  in  the  hands  of  said  stockhold 
personally  for  State,  county,  or  local  purposes;  and  so  muc 
of  the  thirty-second  section  of  the  act  approved  April  twent 
ninth,  Anno  Domini  one  thousand  eight  hundred  and  forty-foi 
entitled  "An  act  to  reduce  the  State  debt  and  incorporate  tl 
Pennsylvania  Canal  and  Railroad  Company,"  as  imposes  a  t; 
for  State  or  county  purposes  upon  any  stockholder  in  h 
individual  capacity  as  aforesaid,  is  hereby  repealed:  Provide 
That  this  act  shall  not  be  construed  to  relieve  said  corporatioi 
from  any  tax  now  imposed  by  law,  or  the  real  estate  belongir 
to  said  corporations  from  the  State,  county,  or  local  tax 
which  they  are  now  or  may  hereafter  be  subject. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  «  AN  ACT  RELAr 
ING  TO  CERTAIN  CORPORATIONS,"  APPROVED  MARC 
i3th,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRE 
AND  FORTY-SEVEN,  AUTHORIZING  THE  GOVERNOR  T 
APPOINT  DIRECTORS  FOR  CERTAIN  CORPORATIONS  I 
CERTAIN  CASES. 

Approved  ijth  February,  1868.      (P.  L.,  1868,  page  40.) 

SECTION  i.  That  any  company  heretofore  incorporated  ar 
organized  under  and  subject  to  the  act  approved  Februai 
nineteenth,  Anno  Domini  one  thousand  eight  hundred  ar 
forty-nine,  regulating  railroad  companies,  shall  likewise  I 
subject  to  the  provisions  of  the  act  approved  March  13! 
Anno  Domini  one  thousand  eight  hundred  and  forty-seve 
entitled  "An  act  relating  to  certain  corporations,"  in  lil 
manner  as  if  such  company  were  a  railroad  or  canal  compan 
except  that  all  persons  appointed  by  the  governor  shall  ha^ 
full  power  and  authority  to  act  in  the  premises  without  tl: 
approval  or  confirmation  of  the  canal  commissioners. 


AN  ACT  TO  SECURE  FARMERS  AGAINST  LOSSES  CAUSED 
BY  RAILROADS  IN  ERIE  COUNTY. 

Approved  2jd  March,  1868.     (P.  L.,  1868,  pages  424  and  425.} 

SECTION  i.  That  it  shall  be  the  duty  of  each  company 
owning  or  operating  a  railroad  in  the  county  of  Erie,  to  erect, 
where  not  already  erected,  and  to  keep  and  maintain  on  each 
side  of  the  track  or  tracks  of  said  road,  at  all  places  in  said 
county,  except  where  said  road  or  roads  pass  through  a 
village,  borough,  or  city,  or  a  public  road  crosses  the  same,  a 
suitable  fence  five  feet  high,  to  prevent  cattle,  sheep,  and 
swine  from  going  upon  said  tracks ;  and  in  case  any  company 
referred  to  in  this  act  shall  neglect  to  perform  the  duty  herein 
imposed,  the  company  so  offending  shall  be  answerable  to  the 
owner  or  owners  of  any  horses,  cattle,  sheep,  or  swine,  the 
value  of  the  property  injured  upon  said  roads  in  consequence 
of  such  neglect ;  said  company  or  companies  shall  further  be 
liable  to  the  penalty  of  fifty  dollars  for  each  place  along  said 
roads  in  said  county  where  the  fence  or  fences  required  by 
this  act  to  be  built,  kept,  and  maintained  are  destroyed  or 
broken  down  and  permitted  so  to  remain  for  a  period  of  three 
days ;  the  penalty  herein  imposed  to  be  recovered  one-half  to 
the  use  of  the  informer  and  the  other  half  for  the  use  of  the 
school  districts  of  the  township  in  which  said  offense  or 
offenses  shall  be  committed. 

SEC.  2.  All  damages  and  penalties  in  this  act  to  be  sued  for 
and  recovered  as  debts  of  like  amount  are  now  by  law  made 
recoverable :  Provided,  That  this  act  shall  not  go  into  effect 
until  the  first  day  of  July,  Anno  Domini  one  thousand  eight 
hundred  and  sixty-eight. 


142 

AN  ACT  TO  EXEMPT  THE  COUNTY  OF  ALLEGHENY  FRO: 
THE  PROVISIONS  OF  AN  ACT  ENTITLED  "AN  ACT  CON 
PELLING  RAILROAD  AND  OTHER  CORPORATIONS  T 
PAY  COUNSEL  FEES  OF  PLAINTIFFS  IN  CERTAI 
CASES,"  APPROVED  THE  THIRD  DAY  OF  MAY,  ANN 
DOMINI  ONE  THOUSAND  EIGHT  HUNDRED  AND  SIXT^ 
SIX. 

Approved  2$th  March,  1868.     (P.  L.,  1868,  page  470.} 

SECTION  i.  That  the  county  of  Allegheny  shall  be  an 
hereby  is  exempted  from  the  provisions  and  operations  of  tr 
act  of  assembly  entitled  "  An  act  compelling  railroad  ar 
other  corporations  to  pay  counsel  fees  of  plaintiffs  in  certa; 
cases,"  approved  the  third  day  of  May,  Anno  Domini  or 
thousand  eight  hundred  and  sixty-six,  and  that  the  sai 
county  of  Allegheny  shall  not  be  subject  to  the  provisions  < 
said  act,  directly  or  indirectly. 


AN  ACT  FOR  THE  PROTECTION  OF  FARMERS  AN 
OWNERS  OF  CATTLE,  HORSES,  SHEEP,  AND  SWIN 
ALONG  THE  LINE  OF  RAILROADS  IN  THE  COUNTY  O 
WARREN. 

Approved  z8th  March,  1868.     (P.  L.,  1868,  page 314.} 

SECTION  i.  That  for  the  protection  of  farmers  and  ownei 
of  cattle,  horses,  sheep,  and  swine,  residing  along  the  line  ( 
any  railroad  now  constructed  or  that  may  hereafter  be  cor 
structed  in  the  county  of  Warren,  all  railroad  companie: 
when  railroads  are  completed,  and  on  which  they  are  no1 
running  trains  in  said  county,  shall,  before  the  first  day  ( 
September,  one  thousand  eight  hundred  and  sixty -eight,  cor 
struct  and  keep  in  repair  a  good  and  sufficient  fence,  at  lea; 
four  feet  high,  along  their  track,  except  through  incorporate 
boroughs;  and  also  construct  sufficient  cattle-guards  at  a 
road  crossings,  sufficient  to  prevent  orderly  cattle,  horse; 
sheep,  and  swine  from  straying  upon  any  railroad  track  i 
said  county;  and  all  railroads  that  may  hereafter  be  con 
structed  in  said  county  are  hereby  required  to  construct  sue 
fences  and  cattle-guards  before  running  trains  thereon. 


143 

SEC.  2.  If  any  railroad  company  in  said  county  shall  neglect 
or  refuse  to  comply  with  the  first  section  of  this  act,  then  any 
person,  after  giving  the  president,  any  director,  the  superin- 
tendent, or  chief  clerk,  fifteen  days'  notice,  may,  if  said  rail- 
road company  continue  to  neglect  and  refuse  to  build  the 
fences  and  cattle-guards  as  by  this  act  required,  build  the  said 
fence  and  cattle-guards,  or  any  portion  of  the  same;  and  any 
person  so  building  any  fence  or  cattle-guards  in  said  county, 
which  by  this  act  such  railroad  companies  are  required  to 
build,  may  sue  and  recover  the  cost  of  making  such  fence  or 
cattle-guards  off  any  railroad  company  neglecting  arrd  refus- 
ing to  comply  with  the  provisions  of  this  act,  together  with 
ten  per  centum  additional  to  the  actual  cost  of  building  such 
fence  and  cattle-guard,  to  be  sued  and  recovered  in  said  county 
of  Warren  in  the  same  manner  as  debts  of  like  amount  are 
now  recoverable. 


AN  ACT  TO  AUTHORIZE  INCORPORATED  COMPANIES  TO 
INVEST  AND  REINVEST  SURPLUS  FUNDS  IN  MORT- 
GAGES, STOCKS,  AND  OTHER  SECURITIES,  AND  FIXING 
THE  TIME  FOR  HOLDING  ELECTIONS  FOR  DIRECTORS. 

Approved  jj st  March,  1868.     (P.  L.,  s868,  pages  50  and 51.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  and  all 
companies  incorporated  or  organized  under  the  laws  of  this 
Commonwealth,  including  those  authorized  thereby,  to  trans- 
port merchandise  or  other  property,  and  also  for  the  directors, 
managers,  or  trustees  thereof,  with  the  approval  of  the  stock- 
holders, to  invest  the  surplus  or  other  funds  or  earnings  of 
such  companies  in  mortgages  on  improved  real  estate,  in 
ground-rents,  in  the  loans  of  the  United  States,  in  the  purchase 
from  holders  thereof  [of]  any  of  the  shares  of  the  capital  stock 
of  the  respective  company,  and  also  in  the  public  debt  of  the 
State  of  Pennsylvania  or  of  the  city  of  Philadelphia,  Dr  in 
other  good  stocks  or  securities,  and  to  sell  and  transfer  the 
same,  and  to  reinvest  the  proceeds  of  such  sales  in  securities 
or  stocks  of  like  kind,  and  to  prescribe,  by  resolution  of  the 


144 

directors  or  by  the  by-laws  of  the  company  or  otherwise,  th 
mode  of  making  such  investments,  purchases,  and  sales,  wit 
the  approval  of  the  stockholders,  and  the  amount  or  amounl 
thereof  to  be  purchased,  and  the  price  or  prices  to  be  paid  c 
received  therefor,  and  the  reinvestment  of  the  proceeds  then 
of,  and  to  make  such  compensation  as  the  said  director 
managers,  or  trustees  may  deem  proper  to  any  directo 
manager,  trustee,  treasurer,  or  other  agent  or  officer  of  sue 
company,  for  the  keeping,  receiving,  paying,  investing,  c 
reinvesting  of  any  of  the  moneys  belonging  to  the  said  corr 
pany,  or  for  any  other  services  performed  by  him  or  ther 
as  agents  of  the  company  or  otherwise ;  and  that  any  sue 
companies  may  change  and  fix  the  time  of  holding  the 
annual  election  for  directors  to  such  a  day  as  they  may  selec 
a  certificate  of  such  change,  duly  authenticated  by  the  prope 
officers  of  the  company,  .shall  be  filed  with  the  auditoi 
general  of  this  Commonwealth  within  thirty  days  after  sue 
change  shall  have  been  made. 


AN  ACT  RELATING   TO    THE    CONSOLIDATION    OF    RAIL 
ROAD  COMPANIES. 

Approved  2d  April,  1868.     (P.  L.,  1868,  page  sj.) 

SECTION  I.  That  whenever  any  merger  or  consolidation  c 
two  or  more  railroad  companies  shall  have  taken  place  c 
been  made,  by  virtue  of  any  act  of  assembly  of  this  Commor 
wealth,  prior  to  the  sixteenth  day  of  May,  one  thousand  eigr 
hundred  and  sixty-one,  the  company  into  which  such  merge 
shall  have  taken  place  shall  have  all  the  powers  and  author; 
ties,  and  be  subject  to  all  the  duties  and  liabilities  conferre* 
upon  railroad  companies  into  which  such  merger  shall  hav 
been  made,  under  and  by  virtue  of  the  act  passed  May  six 
teenth,  one  thousand  eight  hundred  and  sixty-one,  entitle' 
"An  act  relating  to  railroad  companies,"  and  the  sever? 
supplements  thereto,  regulating  the  conditions  and  restriction 
upon  which  such  consolidation  and  merger  shall  be  made. 


H5 

AN  ACT  RELATING  TO  RAILROAD  COMPANIES  AND  COM- 
MON  CARRIERS,  DEFINING  THEIR  LIABILITIES,  AND 
AUTHORIZING  THEM  TO  PROVIDE  MEANS  OF  INDEM- 
NITY AGAINST  LOSS  OF  LIFE  AND  PERSONAL  INJURY. 

Approved  4th  April,  1868.     (P.  L.,  1868,  pages  58  and 59.) 

SECTION  I.  That  when  any  person  shall  sustain  personal 
injury  or  loss  of  life  while  lawfully  engaged  or  employed  on  or 
about  the  roads,  works,  depots  and  premises  of  a  railroad 
company,  or  in  or  about  any  train  or  car  therein  or  thereon, 
of  which  company  such  person  is  not  an  employee,  the  right 
of  action  and  recovery  in  all  such  cases  against  the  company 
shall  be  such  only  as  would  exist  if  such  person  were  an 
employee :  Provided,  That  this  section  shall  not  apply  to 
passengers. 

SEC.  2.  That  in  all  actions  now  or  hereafter  instituted  against 
common  carriers,  or  corporations  owning,  operating,  or  using 
a  railroad  as  a  public  highway,  whereon  steam  or  other 
motive-power  is  used,  to  recover  for  loss  and  damage  sus- 
tained and  arising  either  from  personal  injuries  or  loss  of  life, 
and  for  which,  by  law,  such  carrier  or  corporation  could  be 
held  responsible,  only  such  compensation  for  loss  and  damage 
shall  be  recovered  as  the  evidence  shall  clearly  prove  to  have 
been  pecuniarily  suffered  or  sustained,  not  exceeding,  in  case 
of  personal  in-jury,  the  sum  of  three  thousand  dollars,  nor  in 
case  of  loss  of  life,  the  sum  of  five  thousand  dollars. 

SEC.  3.  That  it  shall  be  lawful  for  such  carrier  or  corpora- 
tion to  insure  the  lives  and  persons  of  passengers  against  loss 
or  injury  from  accidental  causes,  and  however  happening, 
while  in  their  charge,  and  for  that  purpose  to  issue  and  sell,  to 
such  passengers  applying  for  the  same,  tickets  or  policies  of 
insurance,  specifying  the  name  of  the  insured,  the  premium 
charged,  the  particular  trip  or  time  covered  by  the  policy, 
and  the  amount  insured,  not  exceeding  (except  at  the  option 
of  the  said  carrier  or  corporation)  the  sum  of  twenty-five 
dollars  for  each  week  of  disability  for  a  period  not  longer  than 
twenty-six  weeks  in  case  of  personal  injury,  nor  more  than 
ten  thousand  dollars  in  case  of  death ;  and  all  premiums  so 
received  shall  be  kept  separate  and  apart  from  the  other 


146 

receipts  of  said  carrier  or  corporation,  and  shall  not  be  liable 
for  any  other  claim,  debt,  or  demands  against  such  carrier  01 
corporation  than  those  arising  out  of  said  policies;  and  the 
amount  of  said  premium,  and  the  securities  in  which  the  same 
are  invested  for  the  benefit  and  protection  of  such  policy- 
holders,  shall  be  reported  to  the  auditor-general  annually,  a< 
a  part  of  the  operations  of  such  carrier  or  corporation,  as  is 
now  provided  for  by  the  act  entitled  "  An  act  requiring  rail- 
road companies  to  make  uniform  reports  to  the  auditor- 
general,"  approved  the  fourth  day  of  April,  one  thousand 
eight  hundred  and  fifty-nine:  Provided,  nevertheless ',  That  it 
shall  be  lawful  for  any  such  carrier  or  corporation,  in  lieu 
of  issuing  tickets  of  insurance  as  aforesaid,  to  keep  on  sale  at 
their  ticket  office  the  policies  of  insurance  or  indemnity 
against  personal  injury  or  death  resulting  from  accidental 
causes  issued  by  insurance  companies  incorporated  for  any 
such  purposes  as  shall  have  an  actual  bona  fide  cash  capital, 
invested  in  securities  approved  by  the  governor,  State  treas- 
urer, and  auditor-general  of  this  Commonwealth,  of  at  least 
two  hundred  thousand  dollars :  Provided,  That  a  recovery 
upon  any  policy  issued  or  sold  under  the  provisions  of  this 
act  shall  be  no  bar  to  a  recovery  under  the  provisions  of  the 
second  section  of  this  act. 

SEC.  4.  That  all  acts  or  parts  of  acts  inconsistent  herewith 
be  and  the  same  are  hereby  repealed ;  and  any  provisions  in 
the  acts  incorporating  such  common  carriers  or  corporations 
inconsistent  herewith  shall  be  repealed  upon  the  acceptance 
of  the  provisions  of  this  act  by  such  carriers  or  corporations  • 
and  upon  the  acceptance  of  the  provisions  hereof  by  any 
carrier  or  corporation,  the  same  shall  become  a  part  of  its  act 
of  incorporation. 


AN  ACT  TO  AUTHORIZE  THE  FORMATION  AND  REGU- 
LATION OF  RAILROAD  CORPORATIONS. 

Approved  4th  April,  1868.     (P.  L.,  1868,  pages  62  and  65".) 

SECTION   i.  That  any   number  of  citizens  of  Pennsylvania, 
not  less  than  nine,  may  form  a  company  for  the  purpose  of 


147 

constructing,  maintaining,  and  operating  a  railroad  for  public 
use  in  the  conveyance  of  persons  and  property,  or  for  the 
purpose  of  maintaining  and  operating  any  unincorporated  rail- 
road already  constructed  for  like  public  use,  and  for  that 
purpose  may  make  and  sign  articles  of  association,  in  which 
shall  be  stated  the  name  of  the  company,  the  number  of  years 
the  same  is  to  continue,  the  places  from  and  to  which  the  road 
is  to  be  constructed  or  maintained  and  operated,  the  length  of 
such  road  as  near  as  may  be,  and  the  name  of  each  county  in 
the  State  through  or  into  which  it  is  made  or  intended  to  be 
made,  the  amount  of  the  capital  stock  of  the  company,  which 
shall  not  be  less  than  ten  thousand  dollars  for  every  mile 
of  road  constructed  or  proposed  to  be  constructed,  and  the 
number  of  shares  of  which  said  capital  stock  shall  consist,  and 
the  name  and  places  of  residence  of  a  president,  and  not  less 
than  six  nor  more  than  twelve  directors  of  the  company,  who 
shall  manage  its  affairs  for  the  first  year  and  until  others  are 
chosen  in  their  places ;  each  subscriber  to  such  articles  of 
association  shall  subscribe  thereto  his  name,  place  of  residence 
and  the  number  of  shares  of  stock  he  agrees  to  take  in  said 
company  ;  on  compliance  with  the  provisions  of  the  second 
section  of  this  supplement,  such  articles  of  association  shall 
be  acknowledged  by  at  least  three  of  the  directors  before  some 
officer  competent  to  take  acknowledgments  of  deeds  in  the 
county  where  the  principal  office  is  designed  to  be  located, 
and  may  be  filed  in  the  office  of  the  secretary  of  the  Common- 
wealth, who  shall  endorse  thereon  the  day  on  which  they  were 
filed,  and  record  the  same  in  a  book  to  be  provided  by  him 
for  that  purpose ;  and  thereupon  the  said  articles  of  associa- 
tion shall  become  and  be  a  charter  for  the  said  company,  and 
the  persons  who  have  so  subscribed  such  articles  of  associa- 
tion, and  all  persons  who  shall  become  stockholders  in  such 
company,  shall  be  a  corporation  by  the  name  specified  in  such 
articles  of  association  or  charter,  and  shall  possess  the  powers 
and  privileges  following,  to  wit : — 

First. — To  have  succession  by  its  corporate  name  for  the 
period  limited  in  its  articles  of  association. 

Second. — To  sue  and  be  sued,  complain  and  defend,  in  any 
court  of  law  or  equity. 


148 

Third. — To  make  and  use  a  common  seal  and  alter  the 
same  at  pleasure. 

Fourth. — To  hold,  purchase,  and  convey  such  real  and  per- 
sonal estate  as  the  purposes  of  the  corporation  shall  require, 
not  exceeding  the  amount  limited  in  the  articles  of  association. 

Fifth. — To  appoint  such  subordinate  officers  and  agents  as 
the  business  of  the  corporation  shall  require,  and  to  allow 
them  a  suitable  compensation. 

Sixth. — To  make  by-laws,  not  inconsistent  with  any  exist- 
ing law,  for  the  management  of  its  property  and  regulation  of 
its  affairs  and  for  the  transfer  of  its  stock. 

SEC.  2.  Such  articles  of  association  shall  not  be  filed  and 
recorded  in  the  office  of  the  secretary  of  the  Commonwealth 
until  at  least  nine  thousand  dollars  of  stock  for  every*  mile  of 
railroad  proposed  to  be  made  is  subscribed  thereto,  and  ten 
per  centum  paid  thereon,  in  good  faith  and  in  cash,  to  the 
directors  named  in  said  articles  of  association,  nor  until  there 
is  endorsed  thereon,  or  annexed  thereto,  an  affidavit,  made  by 
at  least  three  of  the  directors  named  in  said  articles,  that  the 
amount  of  stock  required  by  this  section  has  been  in  good 
faith  subscribed,  and  ten  per  centum  paid  in  cash  thereon  as 
aforesaid,  and  that  it  is  intended  in  good  faith  to  construct  or 
to  maintain  and  operate  the  road  mentioned  in  such  articles  of 
association  ;  which  affidavit  shall  be  recorded  with  the  articles 
of  association  as  aforesaid. 

SEC.  3.  A  copy  of  any  article  of  association  filed  and  recorded 
in  pursuance  of  this  act,  or  of  the  record  thereof,  with  a  copy 
of  the  affidavit  aforesaid  endorsed  thereon  or  annexed  thereto, 
and  certified  to  be  a  copy  by  the  secretary  of  the  Common- 
wealth or  his  deputy,  shall  be  evidence  of  the  incorporation  of 
such  company  and  of  the  facts  therein  stated. 

SEC.  4.  When  such  articles  of  association  and  affidavit  are 
filed  and  recorded  in  the  office  of  the  secretary  of  the  Com- 
monwealth, the  directors  named  in  said  articles  of  association 
shall,  in  case  the  whole  of  the  capital  stock  is  not  before 
subscribed,  keep  open  books  of  subscription  at  their  general 
office,  and  at  such  other  places  as  they  may  deem  expedient, 
to  fill  up  the  capital  stock  of  the  company,  giving  such  notice 
as  they  may  deem  expedient,  and  shall  continue  to  receive 


149 

subscriptions  until  the  whole  capital  stock  is  subscribed ;  at 
the  time  of  subscribing,  every  subscriber  shall  pay  to  the 
directors  ten  per  centum  of  the  amount  subscribed  by  him  in 
money,  and  no  subscription  shall  be  received  or  taken  without 
such  payment. 

SEC.  5.  Whenever  the  foregoing  provisions  have  been  com- 
plied with,  the  persons  named  as  corporators  in  such  articles 
of  association  are  fully  authorized  to  carry  into  effect  the 
objects  named  therein,  as  fully  as  any  corporation  heretofore 
created  under  any  special  act  of  the  legislature,  and  said  cor- 
poration thus  created  shall  be  entitled  to  exercise  all  the  rights, 
powers,  and  privileges,  and  be  subject  to  all  the  restrictions 
and  liabilities  of  the  act  regulating  railway  companies,  approved 
the  nineteenth  day  of  February,  one  thousand  eight  hundred 
and  forty-nine,  and  the  several  supplements  thereto,  as  fully 
and  effectually  as  if  said  powers  were  specially  incorporated  in 
said  charter ;  and  the  said  company  shall  commence  the  pro- 
posed railroad,  if  not  more  than  fifty  miles  in  length,  with  at 
least  one  track,  within  two  years  from  their  organization  as 
aforesaid,  and  prosecute  the  work  on  the  same  with  due 
diligence,  and  complete  and  open  the  same  within  five  years, 
and  shall  have  an  additional  six  months  to  complete  their 
road  for  each  twenty-five  miles  more  than  the  fifty  miles  afore- 
said :  Provided,  That  the  road  shall  be  opened  for  use,  in  all 
cases,  when  fifty  miles  in  length  of  track  are  laid. 

SEC.  6.  Whenever  any  railroad  company  created  or  incorpo- 
rated under  the  provisions  of  this  act  shall,  in  the  opinion  of 
the  directors  thereof,  require  an  increased  amount  of  capital 
stock  in  order  to  complete  and  equip  their  road  and  carry  out 
the  full  intent  and  meaning  of  their  charter,  they  shall,  if 
authorized  by  a  majority  of  the  stockholders,  at  a  meeting 
called  for  that  purpose,  file  with  the  secretary  of  the  Com- 
monwealth a  certificate  setting  forth  the  amount  of  such 
desired  increase,  and  thereafter  such  company  shall  be  entitled 
to  have  such  increased  capital  as  is  fixed  by  such  certificate : 
Provided,  That  the  original  amount  of  stock  and  increased 
capital  shall  in  no  case  exceed  the  sum  of  sixty  thousand 
dollars  per  mile. 


150 

SEC.  7.  The  number  of  managers  of  any  company  incorpo- 
rated in  pursuance  of  this  act  shall  be  a  president,  and  not  less 
than  six  nor  more  than  twelve  directors,  as  shall  be  fixed  by 
the  corporators  thereof  at  their  first  meeting  to  choose  direct- 
ors of  said  company,  a  majority  of  whom  shall  be  citizens  of 
this  Commonwealth. 

SEC.  8.  The  president  and  directors  of  any  railroad  company 
created  under  this  act  shall  have  power  to  borrow  money,  not 
exceeding  the  amount  of  capital  stock  subscribed,  and  issue 
the  bonds  of  the  company  therefor,  in  such  amounts  as  shall 
not  exceed  double  the  amount  actually  paid  up  of  the  capital 
stock  subscribed,  the  proceeds  whereof  shall  be  actually 
expended  in  the  construction  and  equipment  of  their  road ; 
these  bonds  to  be  payable  at  such  time,  not  exceeding  fifty 
years  after  the  date  thereof,  and  at  such  place  and  at  such  rate 
of  interest,  not  exceeding  seven  per  centum,  as  said  directors 
may  deem  best,  and  may  secure  the  payment  of  said  bonds 
and  interest  by  a  mortgage  on  the  said  road  and  franchises. 

SEC.  9.  Any  company  incorporated  under  this  act  shall  have 
authority  to  construct  such  branches  from  its  main  line  as  it 
may  deem  necessary  to  increase  its  business  and  accommo- 
date the  trade  and  travel  of  the  public. 

SEC.  10.  Companies  formed  under  the  provisions  of  this  act 
shall  have  the  right  to  construct  roads  so  as  to  cross  at  grade 
the  track  or  tracks  of  any  other  railroad  in  this  Commonwealth : 
Provided,  however,  That  the  cost  of  making  and  keeping  such 
crossing  in  repair  shall  be  borne  by  the  company  whose  road 
crosses  the  track  or  tracks  of  another:  And  provided  further, 
That  the  company  whose  road  crosses  the  track  or  tracks  of 
another  shall  keep  at  such  crossing  as  many  persons  as  may 
be  requisite  to  give  the  necessary  signals  to  prevent  accidents. 

SEC.  1 1.  Companies  whose  roads  shall  be  constructed  under 
the  provisions  of  this  act  shall  have  the  right  to  connect  their 
roads  with  roads  of  a  similar  character  within  this  Common- 
wealth, or  at  the  line  thereof,  upon  such  terms  as  may  be 
agreed  upon  by  those  who  have  the  management  of  said 
roads ;  and  in  case  of  failure  of  an  agreement  on  the  part  of 
those  having  the  management  of  said  roads,  then  and  in  that 
case  either  of  said  parties  may  apply  to  the  court  of  common 


pleas  within  the  jurisdiction  in  which  said  connection  is  pro- 
posed to  be  made,  whose  duty  it  shall  be  to  appoint  a  jury  of 
three  disinterested  men,  who  shall  determine  and  fix  said 
terms,  which,  when  approved  by  said  court,  shall  be  conclusive. 

SEC.  12.  This  act  shall  not  be  so  construed  as  to  authorize 
the  formation  of  street  passenger  railway  companies  to  con- 
struct passenger  railways,  under  or  by  virtue  of  its  provisions, 
in  any  city  or  borough  of  this  Commonwealth,  nor  to  authorize 
any  corporation  formed  under  this  act  to  enter  upon  and 
occupy  any  street,  lane,  or  alley  in  any  incorporated  city  in 
this  Commonwealth,  without  the  consent  of  such  city  having 
been  first  obtained. 

SEC.  13.  All  acts  or  parts  of  acts  inconsistent  herewith  are 
hereby  repealed,  so  far  as  they  may  affect  any  corporation 
that  may  be  organized  under  this  act;  and  the  legislature 
hereby  reserves  the  right  to  alter,  amend,  or  repeal  this  act  at 
any  time,  in  such  manner,  however,  as  to  do  no  injustice  to 
corporators. 


AN  ACT  TO  SECURE  FARMERS  AND  OTHERS  AGAINST 
LOSSES  OF  HORSES,  CATTLE,  SHEEP,  AND  SWINE  BY 
RAILROADS  IN  THE  COUNTY  OF  CENTRE. 

Approved  gth  April,  1868.     (P.  L.t  1868,  pages  779  and  780.) 

SECTION  I.  That  it  shall  be  the  duty  of  each  company  own- 
ing or  operating  a  railroad  in  the  county  of  Centre,  to  erect, 
where  not  already  erected,  and  to  keep  and  maintain  on  each 
side  of  the  track  or  tracks  of  said  road,  at  all  places  in  said 
county,  except  where  said  road  or  roads  passes  or  pass  through 
a  village,  borough,  or  city,  or  a  public  road  crosses  the  same, 
a  suitable  fence,  five  feet  high,  and  to  build,  erect,  and  main- 
tain such  suitable  cattle-guard  or  guards,  at  all  crossings  on 
said  railroad,  as  will  prevent  horses,  cattle,  sheep,  and  swine 
from  going  upon  said  tracks ;  and  in  case  any  company  own- 
ing or  operating  said  road  or  roads  shall  refuse  or  neglect  to 


152 

perform  the  duties  herein  imposed,  the  company  or  companies 
so  offending  shall  be  answerable  to  the  owner  or  owners  ol 
any  horses,  cattle,  sheep,  or  swine  to  the  full  value  of  the 
property  injured  upon  said  road  or  roads  in  consequence  01 
such  neglect.  Said  company  or  companies  shall  be  furthei 
liable  to  the  penalty  of  fifty  dollars  for  each  place  along  said 
road  or  roads  in  said  county  where  the  fence  or  fences  required 
by  this  act  to  be  built,  erected,  kept,  and  maintained  are 
destroyed  or  broken  down  and  permitted  so  to  remain  for  a 
period  of  ten  days ;  the  penalty  herein  imposed  to  be  recov- 
ered one-half  to  the  use  of  the  informer  and  the  other  hall 
for  the  use  of  the  public  schools  of  said  county  of  Centre. 

SEC.  2.  All  damages  and  penalties  in  this  act  to  be  sued  for 
and  recovered  as  debts  of  like  amount  are  now  by  law  made 
recoverable :  Provided,  That  this  act  shall  not  go  into  effect 
until  the  first  day  of  August,  Anno  Domini  one  thousand 
eight  hundred  and  sixty-eight. 


AN  ACT  RELATIVE  TO  INCORPORATED  COMPANIES. 

Approved  loth  April,  1868.     (P.  L.,  1868,  pages  So  and  81.) 

SECTION  i.  That  it  may  be  lawful,  from  and  after  the  pas- 
sage of  this  act,  for  any  corporation  chartered  or  existing  by 
the  laws  of  this  State  to  determine  by  the  vote  of  its  stock- 
holders, at  a  meeting  duly  called  for  that  purpose,  the  number 
of  directors  that  shall  thereafter  govern  their  affairs  :  Provided 
always,  That  said  number  shall  in  no  event  exceed  fifteen  nor 
less  than  five  directors  :  And  provided  further,  That  a  majority 
of  said  directors  and  officers  shall  be  and  remain  residents  of 
the  State  of  Pennsylvania  during  the  discharge  of  their  duties : 
And  provided  further,  This  act  shall  in  no  way  be  construed 
as  interfering  with  or  impairing  any  of  the  obligations  of  the 
corporation  accepting  its  provisions  due  or  to  become  due  to 
this  Commonwealth. 


153 

A  SUPPLEMENT  TO  AN  ACT  ENTITLED  « AN  ACT  TO 
SECURE  FARMERS  AGAINST  LOSSES  CAUSED  BY  RAIL- 
ROADS IN  ERIE  COUNTY,"  APPROVED  ON  THE  TWENTY- 
THIRD  DAY  OF  MARCH,  ANNO  DOMINI  ONE  THOUSAND 
EIGHT  HUNDRED  AND  SIXTY-EIGHT,  EXEMPTING  CER- 
TAIN LANDS  FROM  ITS  OPERATIONS,  AND  TO  PROVIDE 
FOR  CASES  WHERE  FARMERS  MAY  BE  HARMED  BY 
SAID  RAILROAD  COMPANIES. 

Approved  ijth  April,  1868.     (P.  L.,  1868,  page  1022.} 

SECTION  i.  That  the  provisions  of  an  act  entitled  "An  act 
to  secure  farmers  against  losses  caused  by  railroads  in  Erie 
county,"  approved  on  the  twenty-third  day  of  March,  Anno 
Domini  one  thousand  eight  hundred  and  sixty-eight,  shall  not 
apply  to  or  upon  lands  in  said  county  in  regard  to  which  con- 
tracts exist  by  virtue  of  which  the  owners  thereof  are  bound 
to  build  and  maintain  fences  thereon  along  the  line  of  the  rail- 
road passing  through  or  along  the  same :  Provided,  That  in 
all  cases  where  fences  along  the  line  of  any  railroad  are 
destroyed  by  fire  caused  by  the  running  of  trains,  or  by  the 
employees  of  any  railroad,  the  said  railroad  company  shall 
be  liable  to  the  penalties  specified  in  the  first  and  second  sec- 
tions of  an  act  entitled  "  An  act  to  secure  farmers  against 
losses  caused  by  railroads  in  Erie  county,"  approved  the 
twenty-third  day  of  March,  Anno  Domini  one  thousand  eight 
hundred  and  sixty-eight. 


AN  ACT  TO  AUTHORIZE  RAILROAD  COMPANIES  LEASING 
OR  USING  OTHER  RAILROADS  TO  PROVIDE  FOR  THE 
PAYMENT  OF  LIENS  THEREON. 

Approved  fjth  April,  1868.     (P.  L.,  1868,  page  100.} 

SECTION  i.  That  whenever  any  railroad  in  this  Common- 
wealth which  has  been  or  may  hereafter  be  used  or  leased  by 
a  railroad  company  whose  railroad  may  connect  therewith, 
under  any  contract,  lease,  or  agreement,  shall  be  or  may  here- 
after become  subject,  in  whole  or  in  part,  to  the  lien  of  a 
mortgage  or  other  incumbrance  securing  or  intended  to  secure 
the  payment  of  bonds  or  other  obligations  given  or  to  be 


154 

given  by  or  on  behalf  of  the  owner  or  owners  of  such  railroa 
so  leased  or  used  as  aforesaid,  it  shall  and  may  be  lawful  fc 
such  railroad  company  so  leasing  and  using  such  railroad  t 
indorse,  guarantee,  or  otherwise  become  liable  for  or  assum 
the  payment  of  the  principal  and  interest  of  the  said  bonds  c 
other  evidence  of  indebtedness,  in  such  manner  and  upon  sue 
terms  as  may  be  mutually  agreed  upon  by  the  parties  theret< 
or  by  the  officers  and  directors  of  the  respective  companies. 


AN  ACT  RELATIVE  TO  THE  ASSESSMENT  OF  DAMAGE 
CAUSED  BY  THE  CONSTRUCTION  OF  RAILROADS  I] 
NORTHUMBERLAND  COUNTY. 

Approved  14th  April,  1868.     (P.  L.,  1868,  pages  1108  and  1109.} 

SECTION  i.  That  all  proceedings  for  the  assessment  c 
damages  caused  to  real  estate  by  the  construction  of  railroad 
shall  be  had  in  the  county  in  which  the  said  real  estate  i 
situate,  and  not  elsewhere;  and  all  laws  heretofore  passe 
authorizing  the  removal  of  such  proceedings  to  the  courts  c 
other  counties  are  hereby  repealed,  so  far  as  regards  Northum 
berland  county. 


AN  ACT  TO  REVISE,  AMEND,  AND  CONSOLIDATE  TH] 
SEVERAL  LAWS  TAXING  CORPORATIONS,  BROKERS 
AND  BANKERS. 

Approved  ist  May,  1868.     (P.  L.,  1868,  pages  108  and  114.} 

SECTION  i.  That  hereafter  no  institution  or  company  incoi 
porated  by  or  under  any  law  of  this  Commonwealth,  genera 
or  special,  or  of  any  other  State,  and  authorized  to  do  busines 
in  this  State,  shall  go  into  operation  without  first  having  th 
name  of  the  institution  or  company,  the  date  of  incorporatior 
the  place  of  business,  the  amount  of  capital  paid  in,  and  th 
names  of  the  president  and  treasurer  of  the  same  registered  i 
the  office  of  the  auditor-general ;  and  any  such  institution  c 
company  which  shall  neglect  or  refuse  to  comply  with  th 
provisions  of  this  section  shall  be  subject  to  a  penalty  c 
five  hundred  dollars,  which  penalty  shall  be  collected,  on  a 


155 

account  settled  by  the  auditor-general  and  State  treasurer,  as 
taxes  on  capital  stock  are  settled  and  collected. 

(Repealed,  but  supplied  by  act  of  April  24th,  1874) 
SEC.  2.  That  hereafter  it  shall  be  the  duty  of  the  president 
or  treasurer  of  every  company  incorporated  by  or  under  any 
law  of  this  Commonwealth,  except  banks  and  savings  institu- 
tions, and  of  all  companies  incorporated  by  any  other  State 
md  lawfully  doing  business  in  this  Commonwealth,  who  are 
taxable  under  the  laws  of  this  State,  to  make  report  in  writing 
to  the  auditor-general  annually,  in  the  month  of  November, 
stating  specifically  the  amount  .of  capital  paid  in,  the  date, 
amount,  and  rate  per  centum  of  each  and  every  dividend 
declared  by  their  respective  corporations  during  the  year  end- 
ing with  the  first  Monday  of  said  month  ;  and  in  all  cases 
where  any  such  company  shall  fail  to  make  and  declare  any 
dividend  during  the  year  ending  as  aforesaid,  the  treasurer 
and  secretary  thereof,  after  being  duly  sworn  or  affirmed  to 
do  and  perform  the  same  with  fidelity,  according  to  the  best 
of  their  knowledge  and  belief,  shall,  between  the  first  and 
fifteenth  days  of  November  of  each  year  in  which  no  dividend 
has  been  declared  as  aforesaid,  estimate  and  appraise  the 
capital  stock  of  such  company  at  its  actual  value  in  cash,  and 
when  the  same  shall  have  been  so  estimated  and  appraised, 
they  shall  forthwith  forward  a  certificate  thereof  to  the  auditor- 
general,  accompanied  by  a  copy  of  their  said  oath  or  affirma^ 
don,  by  them  signed,  and  attested  by  the  magistrate  or  other 
person  qualified  to  administer  the  same. 

(Repealed,  but  supplied  by  act  of  April  24th,  1874.) 
SEC.  3.  That  if  the  said  officers  of  any  such  company  or 
corporation  shall  neglect  or  refuse  to  furnish  the  auditor- 
general,  on  or  before  the  thirty-first  day  of  December  in  each 
and  every  year,  with  the  report  aforesaid,  or  the  report  and 
appraisement,  as  the  case  may  be,  as  required  by  the  second 
section  of  this  act,  it  shall  be  the  duty  of  the  accounting 
officers  of  the  Commonwealth  to  add  ten  per  centum  to  the 
tax  of  said  corporation  for  each  and  every  year  for  which  such 
report  or  report  and  appraisement  were  not  so  furnished, 
which  percentage  shall  be  settled  and  collected  with  the  said 
tax  in  the  usual  manner  of  settling  accounts  and  collecting 


156 

such  taxes :  Provided,  That  if  said  officers  of  any  such  co 
pany  or  corporation  shall  fail  to  comply  with  the  provisic 
of  the  second  section  of  this  act  for  three  successive  years,  1 
auditor-general  may,  if  he  deems  it  conducive  to  the  pub 
interest,  report  the  fact  to  the  governor,  who  shall  thereup< 
by  proclamation,  declare  the  charter  of  said  company  or  c< 
poration  forfeited  and  their  chartered  privileges  at  an  end. 
(Repealed,  but  supplied  by  act  of  April  24th,  1874.) 
SEC.  4.  That  the  capital  stock  of  all  companies  whate^ 
incorporated  by  or  under  any  law  of  this  Commonwealth, 
incorporated  by  any  other  State  and  lawfully  doing  busin< 
in  this  Commonwealth,  or  that  may  be  hereafter  incorporat 
except  banks  and  savings  institutions  and  foreign  insurar 
companies  licensed  in  -pursuance  of  the  general  acts  in  relati 
thereto,  shall  be  subject  to  and  pay  a  tax  into  the  treasury 
the  Commonwealth,  annually,  at  the  rate  of  one-half  mill 
each  one  per  cent  of  dividend  made  or  declared  by  such  co 
pany ;  and  in  case  of  no  dividend  being  made  or  declared 
such  company,  then  three  mills  upon  a  valuation  of  the  capi 
stock  of  the  same,  made  in  accordance  with  the  provisions 
the  second  section  of  this  act :  Provided,  That  compan 
liable  to  tax  on  dividends,  in  addition  to  tax  on  capital  sto< 
prior  to  the  act  approved  April  twelfth,  one  thousand  eig 
hundred  and  fifty-nine,  entitled  "  An  act  to  equalize  taxati 
upon  corporations,"  shall,  from  the  said  date,  be  exempt  frc 
any  tax  on  dividends  :  Provided  further,  That  building  assoc 
tions,  plank  road  or  turnpike  companies,  shall  not  be  lial 
for  any  tax  to  the  Commonwealth  when  such  companies  ma 
or  declare  no  dividends. 

(Repealed,  but  supplied  by  act  of  April  24th,  1874.) 
SEC.  5.  That  the  amount  of  tax  on  capital   stock  impos 
by  the  preceding   section  of  this  act  shall  be   retained  a 
deducted,  by  the  treasurer  or  other  officer  having  charge 
any  company  or  corporation  as  aforesaid,  from  the  divider 
or  profits   made  or  declared  as   aforesaid,  and  he  is  here 
authorized  and  required,  on   or  before  the  fifteenth   day 
January  then  next,  to  transmit  to  the  treasury  of  the  Co 
monwealth  the  amount  of  said  tax ;  and  if,  in  case  where 
dividend   has    been    made    or    declared,   the   funds    of   su 


157 

ompany,  subject  to  the  control  of  the  treasurer,  at  the  period 
yhen  the  value  of  said  capital  stock  shall  be  appraised  as 
equired  by  the  second  section  of  this  act,  shall  be  insufficient 
o  pay  the  tax  aforesaid,  it  shall  be  the  duty  of  the  said  treas- 
irer  or  other  officer  forthwith  to  give  notice  to  the  stock- 
lolders  of  such  company  of  the  amount  required  on  each 
hare  of  stock  by  them  respectively  held  to  enable  the  said 
reasurer  to  pay  the  tax  aforesaid  ;  and  if  any  such  stock- 
lolder  shall  neglect  or  refuse  to  pay  the  amount  so  required 
or  the  period  of  thirty  days  from  the  time  of  such  notice,  the 
;aid  treasurer  shall,  after  giving  two  weeks'  public  notice 
hereof  in  one  or  more  newspapers  published  in  or  nearest  to 
:he  county  in  which  said  company  or  its  principal  place  of 
)usiness  is  located,  proceed  to  sell  at  public  sale,  and  transfer 
:o  the  purchaser,  so  many  shares  of  the  stock  of  such 
delinquent  stockholder  as  may  be  necessary  to  pay  his  portion 
)f  the  tax  required  to  be  paid  as  aforesaid;  and  if  any  com- 
pany incorporated  as  aforesaid  shall  neglect  or  refuse  to  pay 
;he  tax  hereinbefore  required  to  be  paid,  the  directors,  man- 
igers,  or  treasurers  thereof  for  the  time  being  shall  be  jointly 
md  severally  liable,  in  their  individual  capacity,  for  the  pay- 
ment thereof,  and  the  same  may  be  sued  for  and  recovered, 
under  the  direction  of  the  State  treasurer,  as  debts  of  like 
amount  are  recoverable. 

SEC.  6.  That  every  private  banker  and  broker,  and  every 
unincorporated  banking  and  saving  institution  and  express 
company,  and  all  corporations  incorporated  by  or  doing 
business  in  this  Commonwealth,  except  those  liable  to  a  tax 
on  tonnage  under  the  provisions  of  this  act,  and  foreign 
insurance  companies  licensed  in  pursuance  of  the  several  acts 
in  relation  thereto,  except  banks  and  savings  institutions 
incorporated  by  this  State,  shall  annually,  upon  the  first  day 
of  November  of  each  year,  make  report  to  the  auditor-general, 
under  oath  or  affirmation,  setting  forth  the  entire  amount  of 
net  earnings  or  income  received  by  said  individuals,  company, 
or  corporation  from  all  sources  during  the  preceding  year; 
and  upon  such  net  earnings  or  income  the  said  individuals, 
company,  or  corporation,  as  the  case  may  be,  shall  pay  to  the 
treasurer,  for  the  use  of  the  State,  within  sixty  days  thereafter, 


158 

three  per  centum  upon  such  annual  net  earnings  or  income, 
addition  to  the  taxes  imposed  by  the  preceding  sections 
this  act;  and  in  case  any  corporation,  company,  or  individu 
shall  neglect  or  refuse  to  make  the  report  required  by  th 
section  to   the  auditor-general    on  or  before  the  thirty-fir 
day  of  December,  such  corporation,  company,  or  individu 
shall  be  liable  to  a  penalty  of  ten  per  centum  for  such  negle( 
which  shall  be  added  to  the  amount  of  tax  found  due  in  tl 
settlement  of  their  account. 

(  Repealed  by  act  2ist  March,  1873.) 

SEC.  7.  That  the  president,  treasurer,  cashier,  or  oth 
financial  officer  of  every  railroad  company,  steamboat  compan 
canal  company,  and  slack-water  navigation  company,  and  £ 
other  companies  now  or  hereafter  doing  business  in  this  Stat 
and  upon  whose  works  freight  may  be  transported,  whetht 
by  such  company  or  by  individuals,  and  whether  sue 
company  shall  receive  compensation  for  transportation,  f( 
transportation  and  toll,  or  shall  receive  tolls  only,  exce] 
turnpike,  plank  road,  and  bridge  companies,  shall,  within  thirt 
days  after  the  first  days  of  January,  April,  July,  and  Octobi 
of  every  year,  make  return  in  writing  to  the  auditor-genera 
under  oath  or  affirmation,  stating  fully  and  particularly  th 
number  of  tons  of  freight  carried  over,  through,  or  upon  th 
works  of  said  company  for  the  three  months  immediatel 
preceding  each  of  the  above-mentioned  days;  and  each  ( 
said  companies,  except  as  aforesaid,  shall,  at  the  time  of  makin 
such  return,  pay  to  the  State  treasurer,  for  the  use  of  th 
Commonwealth,  on  each  two  thousand  pounds  of  freight  s 
carried,  tax  at  the  following  rates,  viz.: — First.  On  the  produc 
of  mines,  quarries,  and  clay  beds,  in  the  condition  in  which  sai 
products  may  be  taken  therefrom,  two  cents.  Second.  On  hew 
timber,  animal  food,  including  live  stock,  also  on  the  product 
of  the  forest,  vegetable  and  other  agricultural  products,  th 
value  of  which  has  not  been  increased  by  labor,  three  cent 
Third.  On  all  other  articles,  five  cents.  When  the  same  freigr 
shall  be  carried  over  and  upon  different  but  continuous  line 
of  transportation,  said  freight  shall  be  chargeable  with  tax  2 
if  it  had  been  carried  but  upon  one  line;  and  the  whole  ta 
shall  be  paid  by  such  one  of  said  companies  upon  whos 


159 

works  the  freight  originated,  but  in  such  case  the  tax  shall  be 
3orne  by  the  several  corporations  upon  whose  works  the  said 
:onnage  was  transported,  each  in  proportion  to  the  distance 
carried,  as  may  be  adjusted  among  themselves;  corporations 
whose  lines  of  improvement  are  used  by  others  for  the 
:ransportation  of  freight,  and  whose  only  earnings  arise  from 
:olls  charged  for  such  use,  are  authorized  to  add  the  tax 
hereby  imposed  to  said  toll  and  collect  the  same  therewith ; 
out  in  no  case  shall  tax  be  twice  charged  on  the  same  freight 
carried  on  or  over  the  same  line  of  improvements. 

(  Repealed  by  act  of  April  24th,  1874.) 

SEC.  8.  That  in  addition  to  the  taxes  provided  for  as 
aforesaid,  every  railroad,  canal,  and  transportation  company 
liable  to  a  tax  upon  tonnage,  under  the  preceding  section  of 
this  act,  shall  pay  to  the  Commonwealth  a  tax  of  three-fourths 
of  one  per  centum  upon  the  gross  receipts  of  said  company ; 
the  said  tax  shall  be  paid  semi-annually,  upon  the  first  days 
of  July  and  January,  and  for  the  purpose  of  ascertaining  the 
amount  of  the  same,  it  shall  be  the  duty  of  the  treasurer  or 
other  proper  officer  of  said  company  to  transmit  to  the 
auditor-general,  at  the  dates  aforesaid,  a  statement,  under  oath 
or  affirmation,  of  the  amount  of  gross  receipts  of  the  said 
company  derived  from  all  sources  during  the  preceding  six 
months;  and  if  any  such  company  shall  neglect  or  refuse,  for 
a  period  of  thirty  days  after  such  tax  becomes  due,  to  make 
said  return  or  to  pay  the  same,  the  amount  thereof,  with  an 
addition  of  ten  per  centum  thereto,  shall  be  collected  for  the 
use  of  the  Commonwealth,  as  other  taxes  are  recoverable  by 
.aw  from  said  companies :  Provided,  That  the  revenue  derived 
under  this  section  shall  be  applied  to  the  payment  of  principal 
ind  interest  of  the  debt  contracted  under  the  act  of  the  fifteenth 
:>f  May,  Anno  Domini  one  thousand  eight  hundred  and  sixty- 
3ne,  entitled  "An  act  to  create  a  loan  and  to  provide  for 
irming  the  State." 

(  Repealed  by  act  3ist  March,  1873,  as  to  companies  liable 
:o  tonnage  tax ;  but  companies  exempt  from  tax  on  tonnage  by 
special  law  to  pay  a  tax  of  three-fourths  of  one  per  cent,  on 
^ross  receipts.) 

(  Repealed  by  act  of  April  24th,  1874.) 


i6o 

SEC.  9.  That  every  railroad,  canal,  or  transportation  compan 
doing  business  in  this  State  which  possesses  the  right  to  mir 
anthracite  coal,  or  to  purchase  and  sell  the  same,  or  to  leas 
from  or  to  other  parties  the  land  or  mines  from  which  sai 
coal  is  taken,  shall,  quarterly,  on  the  first  days  of  Januar 
April,  July,  and  October,  make  report,  under  oath  or  affirmatioi 
stating  the  amount  of  coal  mined  by  them  from  propert 
owned  and  leased  by  them,  and  also  the  amount  of  co; 
purchased  by  them,  or  mined  from  property  owned  by  thei 
that  may  be  leased  to  other  parties,  during  the  precedin 
three  months,  and  shall  pay  to  the  State  treasurer,  for  the  us 
of  the  Commonwealth,  within  thirty  days  thereafter,  a  tax  ( 
four  cents  upon  each  and  every  ton  of  anthracite  coal  s 
purchased  or  mined:  Provided,  That  the  amount  of  co; 
consumed  in  the  transaction  of  their  business  shall  not  h 
included  in  their  return:  And  provided  further,  That  sai 
corporations  shall  be  exempt  from  the  payment  of  the  ta 
upon  tonnage,  imposed  by  the  seventh  section  of  this  ac 
upon  all  coal  upon  which  a  tax  shall  be  paid  under  th 
provisions  of  this  section,  and  also  from  the  tax  on  m 
earnings  or  income  imposed  by  the  sixth  section  of  this  ac 
and  also  from  the  tax  upon  gross  receipts  imposed  by  th 
eighth  section  of  this  act,  so  far  as  their  net  earnings  an 
gross  receipts  are  derived  from  the  mining,  transportatioi 
and  sale  of  the  said  coal:  And  provided  also,  That  if  an 
corporation  shall  fail  to  make  the  return  required  by  thi 
section,  within  thirty  days  after  the  time  herein  specified,  the 
shall  be  liable  to  a  penalty  often  per  centum  for  such  neglec 
the  said  penalty  to  be  added  to  the  amount  of  tax  found  du 
under  the  provisions  of  this  section,  upon  settlement  made  b 
the  auditor-general  and  State  treasurer  in  accordance  wit 
law. 

(Repealed  by  act  of  April  24th,  1874;  but  re-enacted  b 
same  act.) 

SEC.  10.  That  it  shall  be  the  duty  of  the  cashier  of  ever 
bank  and  savings  institution  incorporated  under  the  laws  ( 
this  State,  to  collect  annually  from  every  shareholder  of  sai 
bank  or  savings  institution  a  tax  of  one  per  centum  upo 
the  par  value  of  the  shares  held  by  said  shareholder,  an 


to  pay  the  same  into  the  State  treasury  on  or  before  the  first 
day  of  July  in  every  year;  and  the  said  shares  shall  be 
exempt  from  all  other  taxation  under  the  laws  of  this  Com- 
monwealth. 

(The  act  3d  January,  1868,  P.  L.,  1318,  provided  that  the 
shares  of  stock  held  by  any  stockholder  in  any  institution  or 
company  incorporated  under  the  laws  of  this  State,  which  in 
its  corporate  capacity  is  liable  to  and  pays  into  the  State 
treasury  the  tax  on  capital  stock  imposed  by  the  act  approved 
April  1 2th,  Anno  Domini  1859,  entitled  "An  act  to  equalize 
taxation  on  corporations,"  shall  not  be  taxable  in  the  hands 
of  said  stockholders  personally  for  State,  county,  or  local 
purposes;  and  so  much  of  the  thirty-second  section  of  the  act 
approved  April  29th,  Anno  Domini  1844,  entitled  "An  act  to 
reduce  the  State  debt  and  incorporate  the  Pennsylvania  Canal 
and  Railroad  Company,"  as  imposes  a  tax  for  State  or  county 
purposes  upon  any  stockholder  in  his  individual  capacity,  as 
aforesaid,  is  hereby  repealed:  Provided,  That  this  act  shall 
not  be  construed  to  relieve  said  corporations  from  any  tax 
now  imposed  by  law,  or  the  real  estate  belonging  to  said 
corporations  from  the  State,  county,  or  local  tax  to  which 
they  are  now  or  may  hereafter  be  subject) 

SEC.  ii.  That  the  president,  treasurer,  or  cashier  of  every 
company,  except  bank  or  savings  institution  incorporated 
under  the  laws  of  this  Commonwealth,  doing  business  in 
this  State,  which  pays  interest  to  its  bondholders  or  other 
creditors,  shall,  before  the  payment  of  the  same,  retain  from 
said  bondholders  or  creditors  a  tax  of  five  per  centum  upon 
2very  dollar  of  interest  paid  as  aforesaid;  and  shall  pay  over 
the  same  semi-annually,  on  the  first  days  of  July  and  January 
n  each  and  every  year,  toxthe  State  treasurer,  for  the  use  of 
:he  Commonwealth;  and  every  president,  treasurer,  or  cashier 
is  aforesaid,  shall,  annually,  on  the  thirty-first  day  of  each 
December,  or  within  thirty  days  thereafter,  report  to  the 
luditor-general,  under  oath  or  affirmation,  stating  the  entire 
imount  of  interest  paid  by  said  corporation  to  said  creditors 
during  the  year  ending  on  that  day;  and  thereupon  the 
luditor-general  and  State  treasurer  shall  proceed  to  settle  an 
iccount  with  said  corporation  as  other  accounts  are  now 


1 62 

settled  by  law;  and  in  the  settlement  of  said  accounts  th 
persons  aforesaid  shall  be  allowed  the  same  commission  o 
compensation  as  is  now  allowed  by  law  to  county  treasurers 
and  in  case  the  said  president,  treasurer,  or  cashier  shal 
neglect  or  refuse  to  make  the  report  required  by  thi 
section  within  sixty  days  after  the  time  specified,  he  shal 
forfeit  to  the  State  the  amount  of  his  commission  for  sue! 
failure  or  neglect:  Provided,  That  the  principal  sums  from  th 
interest  of  which  the  said  tax  is  deducted  shall  not  b 
assessed  and  taxed  for  State  purposes  in  the  valuation  c 
personal  property,  or  returned  by  county  commissioners  t< 
the  board  of  revenue  commissioners. 

(Repealed  by  act  2ist  March,  1873.  Same  tax  imposed  01 
the  company  without  right  to  retain  tax  by  section  four  o 
said  act,  but  repealed  by  act  April  24th,  1874.) 

SEC.  12.  That  in  the  settlement  of  all  accounts  for  taxes  du< 
the  Commonwealth,  under  the  preceding  sections  of  this  act 
by  corporations  or  individuals,  the  auditor-general  and  Stat< 
treasurer  shall  charge  interest  upon  the  balance  or  balance: 
found  due  the  Commonwealth  by  such  corporations  o 
individuals,  at  the  rate  of  twelve  per  centum  per  annum /ron 
the  time  said  taxes  became  due  and  payable  to  the  tim< 
of  the  settlement  of  the  same;  and  all  balances  due  th< 
Commonwealth  by  the  corporations  or  individuals  aforesaid 
on  accounts  settled  agreeably  to  the  provisions  of  the  act  o 
March  thirtieth,  one  thousand  eight  hundred  and  eleven 
or  any  other  act  of  assembly,  shall  bear  interest  from  sixt} 
days  after  date  of  settlement,  at  the  rate  of  twelve  pe 
centum  per  annum,  until  the  same  are  paid:  Provided,  Tha 
the  payment  of  interest,  as  aforesaid,  shall  not  relieve  sai< 
corporations  or  individuals  from  any  of  the  penalties  pre 
scribed  for  neglect  and  refusal  to  furnish  reports  to  th< 
auditor-general. 

SEC.  13.  That  the  auditor-general  and  State  treasurer,  o 
any  agent  appointed  by  them,  are  hereby  authorized  to  examin* 
the  books  and  papers  of  any  corporation,  association,  company 
private  banker,  or  broker,  to  verify  the  accuracy  of  any  retun 
made  to  them,  or  either  of  them,  under  the  provisions  of  thi. 
act. 


SEC.  14.  That  the  revenue  derived  from  tax  on  net  earnings 
:>r  income,  under  the  sixth  section  of  this  act,  and  from 
ronnage,  under  the  seventh  section,  and  from  coal  mined, 
jnder  the  ninth  section,  shall,  so  far  as  it  is  necessary,  be 
irst  applicable  to  the  payment  of  the  ordinary  expenses  of 
government,  and  the  residue  not  needed  for  such  purpose 
shall  be  transferred  to  the  sinking  fund,  as  directed  by  the  act 
}f  the  twenty-second  of  April,  one  thousand  eight  hundred 
ind  fifty-eight. 

(Sections  12,  13,  and  14  are  supplied  by  act  of  April  24th, 
1874,  and,  though  differently  worded,  are  not  repealed.) 

SEC.  15.  That  hereafter  every  company  incorporated  by  or 
ander  any  general  or  special  law  of  this  Commonwealth, 
except  railroad,  canal,  turnpike,  bridge,  or  cemetery  companies, 
md  companies  incorporated  for  literary,  charitable,  or  religious 
purposes,  shall  pay  to  the  State  treasurer,  for  the  use  of  the 
Commonwealth,  a  bonus  of  one-quarter  of  one  per  centum 
upon  the  amount  of  capital  stock  which  said  company  is 
authorized  to  have,  in  two  equal  installments,  and  a  like  bonus 
upon  any  subsequent  increase  thereof.  The  first  installment 
shall  be  due  and  payable  upon  the  incorporation  of  said 
company,  or  upon  the  increase  of  the  capital  thereof,  and  the 
second  installment  one  year  thereafter;  and  no  company,  as 
iforesaid,  shall  have  or  exercise  any  corporate  powers  until 
:he  first  installment  of  said  bonus  is  paid ;  and  the  governor 
shall  not  issue  letters  patent  to  any  company  until  he  is 
satisfied  that  the  first  installment  of  said  bonus  has  been  paid 
:o  the  State  treasurer;  and  no  company  incorporated  by  any 
special  act  of  assembly  shall  go  into  operation  or  exercise 
my  corporate  powers  or  privileges,  nor  shall  said  act  be 
mrolled  among  the  laws  of  the  State,  until  said  first  installment 
)f  bonus  has  been  paid  as  aforesaid. 

SEC.  1 6.  The  following  acts  of  assembly  and  parts  thereof, 
;o  far  as  the  same  are  altered  and  supplied  by  this  act,  be 
md  the  same  are  hereby  repealed: — 

Section  first  of  the  act  approved  June  eleventh,  one  thousand 
nght  hundred  and  forty,  to  create  additional  revenue,  to  be 
ipplied  towards  the  payment  of  interest  and  extinguishment 
>f  the  debts  of  the  Commonwealth. 


164 

Section  thirty-three  of  the  act  approved  April  twenty-ninth 
one  thousand  eight  hundred  and  forty-four,  to  reduce  th 
State  debt  and  to  incorporate  the  Pennsylvania  Canal  an< 
Railroad  Company. 

Sections  seventy-one  and  seventy-two  of  the  act  approve< 
May  seventh,  one  thousand  eight  hundred  and  fifty-five,  t< 
provide  for  the  ordinary  expenses  of  government,  the  repair 
of  the  public  canals  and  railroads,  and  other  general  am 
special  appropriations. 

An  act  approved  April  twenty-first,  one  thousand  eigh 
hundred  and  fifty-eight,  for  the  better  securing  to  th< 
Commonwealth  the  payment  of  taxes  due  by  incorporate* 
companies. 

An  act  approved  April  twelfth,  one  thousand  eight  hundrec 
and  fifty-nine,  to  equalize  taxation  upon  corporations. 

The  first,  second,  third,  fifth,  and  sixth  sections  of  an  ac 
approved  April  thirtieth,  one  thousand  eight  hundred  am 
sixty-four,  imposing  additional  taxes  for  State  purposes,  am 
to  abolish  the  revenue  board. 

The  first,  second,  and  third  sections  of  the  act  approvec 
February  twenty-third,  one  thousand  eight  hundred  am 
sixty-six,  to  amend  the  revenue  laws  of  the  Commonwealth. 

An  act  approved  April  ninth,  one  thousand  eight  hundre( 
and  sixty-seven,  regulating  interest  on  public  accounts. 

An  act  approved  March  twenty-second,  one  thousand  eigh 
hundred  and  sixty-seven,  to  increase  the  revenues  of  th< 
Commonwealth. 


AN    ACT    RELATING    TO    TONNAGE    TAX    ON    COKE    ANI 
CRUSHED  ROCK  SAND. 

Approved  26th  February,  1869.     (P.  L.,  1869,  page  j.) 

SECTION  I.  That  from  and  after  the  passage  of  this  act  th< 
rate  of  tonnage  tax  to  be  paid  by  railroad  and  other  trans 
portation  companies  on  coke  and  crushed  rock  sand  shall  no 
be  greater  than  the  rate  fixed  by  law  upon  the  product  o 
mines. 


1*5 

AN  ACT  SUPPLEMENTARY  TO  AN  ACT  RELATING  TO 
CERTAIN  CORPORATIONS,  APPROVED  THE  TWENTY- 
THIRD  DAY  OF  APRIL,  A.  D.  1861. 

Approved  ijth  March,  r86g.     (P.  L.,  1869,  page  //.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  railroad 
company  or  companies  created  by  or  existing  under  the  laws 
of  this  Commonwealth,  from  time  to  time  to  purchase  and 
hold  the  stock  and  bonds,  or  either,  or  to  agree  to  purchase 
or  guarantee  the  payment  of  the  principal  or  interest,  or 
either,  of  the  bonds  of  any  other  railroad  company  or  com- 
panies chartered  by  it  or  existing  under  the  laws  of  any 
other  State. 


AN  ACT  TO  AUTHORIZE  AN  INCREASE  IN  THE  NUMBER 
OF  DIRECTORS  OR  MANAGERS  OF  RAILROAD  COMPA- 
NIES, AND  TO  GIVE  STOCKHOLDERS  THE  POWER  TO 
LOCATE  THE  GENERAL  OFFICE  OF  SUCH  COMPANIES. 

Approved  ijth  March,  1869.     (P.  L.,  1869,  pages  n  and  12.) 

SECTION  i.  That  the  directors  or  managers  of  any  railroad 
company  incorporated  by  or  under  the  laws  of  this  Common- 
wealth be  and  they  are  hereby  authorized  to  add  to  their 
number,  by  selecting  from  the  body  of  the  stockholders,  from 
time  to  time,  an  additional  member  or  members,  who  shall 
act  as  a  vice-president  or  additional  vice-president  of  such 
corporation,  and  who  shall  have  such  powers  and  receive 
such  compensation  as  the  board  of  directors  or  managers, 
by  its  by-laws  or  by  resolution,  may  establish  and  direct: 
Provided,  however,  That  the  number  of  directors  or  managers 
of  such  corporation  shall  not  be  thereby  increased  beyond 
seventeen. 

SEC.  2.  That  it  shall  be  lawful  for  any  such  corporation, 
by  resolution  of  its  stockholders,  to  determine  where  the 
general  office  of  such  company  shall  be  located,  and  where 
the  meetings  of  its  board  of  directors  or  managers,  and 
also  the  meetings  of  its  stockholders,  and  where  also  its 
elections  for  directors  or  managers  shall  be  held :  Provided 
always,  That  no  place  shall  be  selected  which  is  not  within 


1 66 

the  limits  of  this  Commonwealth :    And  provided  also,  Th 
this  act  shall   only  apply  to   such   railroad   corporations 
shall,  by  resolution  of  its  president  and  board  of  directo 
or  managers,  duly  accept  the  same. 


AN  ACT  TO  ENABLE  RAILROAD,  CANAL,  AND  SLAC] 
WATER  NAVIGATION  COMPANIES  TO  STRAIGHTE: 
WIDEN,  DEEPEN,  AND  OTHERWISE  IMPROVE  THE! 
LINES  OF  RAILROADS,  CANALS,  AND  SLACK-WATE 
NAVIGATION,  AND  THE  BRIDGES,  AQUEDUCTS,  PIER 
AND  STRUCTURES  THEREOF. 

Approved  ijth  March,  1869.     (P.  L.,  f86g,  pages  12  and  ij.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  rai 
road,  canal,  and  slack-water  navigation  company  now  < 
hereafter  incorporated  by  or  under  any  law  of  this  Commo] 
wealth,  to  straighten,  widen,  deepen,  enlarge,  or  otherwi: 
improve  the  whole  or  portions  of  their  lines  of  railroad 
canals,  and  slack-water  navigation,  and  the  bridges,  cros 
ings,  sidings,  aqueducts,  piers,  and  structures  thereof,  ar 
make  new  feeders,  whenever,  in  the  opinion  of  the  board 
directors  of  any  such  company,  the  same  may  be  necessai 
for  the  better  securing  the  safety  of  persons  and  property  ar 
increasing  the  facilities  and  capacity  for  the  transportation 
traffic  thereon,  and  for  such  purposes  to  purchase,  hold,  ar 
use,  or  enter  upon,  take,  and  appropriate  land  and  materia 
Provided,  That  before  any  such  company  shall  enter  upon  < 
take  possession  of  any  such  lands  and  material,  they  she 
make  ample  compensation  to  the  owner  or  owners  thereof  < 
parties  interested  therein,  or  tender  adequate  security  therefc 

SEC.  2.  That  where  any  such  company  cannot  agree  wil 
the  owner  or  owners,  or  parties  interested  in  such  land  ar 
materials,  for  the  compensation  proper  for  the  damage  dor 
or  likely  to  be  done,  or  where,  by  reason  of  the  absence  ( 
legal  incapacity  of  any  such  owner  or  owners  or  parti< 
interested  therein,  no  such  compensation  can  be  agree 
upon,  the  same  shall  be  ascertained  and  paid  in  the  mann< 
provided  in  the  eleventh  section  of  the  act  regulating  railroa 
companies,  approved  February  nineteenth,  Anno  Domini  or 
thousand  eight  hundred  and  forty-nine. 


A  SUPPLEMENT  SUPPLEMENTAL  TO  AN  ACT  PROVIDING 
FOR  THE  CONSTRUCTION  OF  LATERAL  RAILROADS 
AND  FOR  OTHER  PURPOSES,  APPROVED  THE  FIFTH 
DAY  OF  APRIL,  ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  FORTY-NINE,  EXTENDING  THE  SAME 
TO  NORTHUMBERLAND  COUNTY. 

Approved  3d  April,  1869.     (P.  L.,  1869,  pages  697  and  698.) 

SECTION  I.  That  the  provisions  of  the  second  section  of  the 
act  providing  for  the  construction  of  lateral  railroads  and  for 
other  purposes,  and  approved  the  fifth  day  of  April,  Anno 
Domini  one  thousand  eight  hundred  and  forty-nine,  be  and 
the  same  are  hereby  made  to  extend  to  the  county  of  North- 
umberland. 


A  FURTHER  SUPPLEMENT  TO  AN  ACT  REGULATING 
LATERAL  RAILROADS,  APPROVED  THE  FIFTH  DAY  OF 
MAY,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRED 
AND  THIRTY-TWO. 

Approved  6th  April,  1869.     (P.  L.,  1869,  page  77.) 

SECTION  i.  That  it  shall  be  at  the  option  of  the  petitioners, 
or  the  legal  representatives  of  the  petitioners,  for  any  lateral 
railroad  located  or  to  be  located  under  the  act  to  which  this 
is  a  supplement,  upon  payment  of  all  costs,  at  any  time  before 
ground  shall  be  broken,  and  within  two  years  from  the 
confirmation  of  the  right  of  way,  to  abandon  the  right  of 
construction;  and,  as  evidence  thereof,  shall  file  their  declara- 
tion of  that  intent  in  writing  in  the  court  having  jurisdiction, 
which  court  may  set  aside  and  terminate  all  previous  proceed- 
ings, upon  terms  equitable  and  just  to  all  parties  in  interest. 


AN    ACT    RELATING    TO    THE    SETTLEMENT    OF    PUBLIC 

ACCOUNTS. 

Approved  8th  April,  1869.     (P.  L.,  1869,  page  19.} 

SECTION  I.  That  the  auditor-general,  State  treasurer,  and 
attorney-general  be  authorized  to  revise  any  settlement  made 


1 68 

with  any  person  or  body  politic  by  the  auditor-general  whe 
it  may  appear,  from  the  accounts  in  his  office  or  from  otht 
information  in  his  possession,  that  the  same  has  been  errom 
ously  or  illegally  made,  or  to  resettle  the  same  according  t 
law,  and  to  credit  or  charge,  as  the  case  may  be,  the  amour 
resulting  from  such  resettlement  upon  the  current  accounts  c 
such  person  or  body  politic. 


AN  ACT  SUPPLEMENTARY  TO  AN  ACT  RELATING  T( 
RAILROAD  COMPANIES,  APPROVED  MAY  SIXTEENTH 
ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRED  ANI 
SIXTY-ONE. 

Approved  zoth  April,  1869.     (P.  L.,  1869,  pages  24  and  25.) 

SECTION  i.  That  whenever  any  merger  of  the  corporate 
rights,  powers,  and  franchises  of  a  railroad  company  shal 
hereafter  be  made  into  any  other  railroad  company,  undei 
authority  of  the  act  relating  to  railroad  companies,  approvec 
May  sixteenth,  Anno  Domini  one  thousand  eight  hundred 
and  sixty-one,  it  shall  and  may  be  lawful  for  said  companies 
to  specify  in  the  joint  agreement  for  such  consolidatior 
and  merger  what  corporate  rights,  powers,  obligations 
duties,  and  franchises  created  by  the  charter,  or  existing 
under  or  in  pursuance  of  or  by  force  of  any  act  of  assembly 
relating  to  either  of  said  companies,  shall  be  transferred 
to  or  become  vested  in  or  shall  continue  in  the  company 
into  which  said  merger  is  made;  and  the  said  consolidated 
company  shall  be  subject  to  and  be  regulated  and  governed 
only  by  the  corporate  rights,  powers,  duties,  obligations,  and 
franchises  so  specified  in  and  vested  by  said  agreement;  and 
upon  the  filing  of  the  same  in  the  office  of  the  secretary  of  the 
Commonwealth,  it  shall  thereupon  be  deemed  and  taken  to  be 
its  act  of  incorporation  for  all  purposes  whatsoever:  Provided, 
however,  That  the  consolidated  company  so  formed  shall  not 
acquire  by  said  agreement  any  powers,  franchises,  or  privileges 
that  were  not  theretofore  granted  to  them,  or  either  of  them, 
by  law;  and  due  notice  of  any  such  merger  shall  first  be  given, 
by  publication,  to  the  stockholders  of  the  respective  companies, 


i69 

and  shall  not  be  valid  or  effective  until  ratified  or  approved 
by  them,  as  required  by  said  act  of  May  sixteenth,  Anno 
Domini  one  thousand  eight  hundred  and  sixty-one ;  and 
all  laws  and  parts  of  laws  inconsistent  with  this  act,  and  with 
the  corporate  and  other  rights  which  may  be  defined  in  and 
acquired  under  any  agreement  of  consolidation  or  merger 
made  in  pursuance  hereof,  be  and  the  same  are  hereby 
repealed. 


A  SUPPLEMENT  TO  "AN  ACT  RELATING  TO  CERTAIN 
CORPORATIONS,"  APPROVED  THE  TWENTY-THIRD  DAY 
OF  APRIL,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUN- 
DRED AND  SIXTY-ONE. 

Approved  loth  April,  1869.      (P.  L.,  1869,  pages  25  and  26.) 

SECTION  I.  That  when,  in  pursuance  of  the  act  to  which 
this  is  a  supplement,  any  railroad  company  shall  make,  or  has 
made,  a  contract  with  any  other  railroad  company  chartered 
by  another  State,  but  authorized  by  law  to  extend  its  road  into 
this  State,  by  which  it  shall  obtain  a  right  to  connect  the  roads 
of  the  two  companies,  or  run  its  cars  and  engines  thereon  or 
on  any  other  railroad,  it  shall  not  be  lawful  for  any  person,  in 
any  manner,  or  by  color  of  any  authority,  to  interfere  with  or 
interrupt  the  enjoyment  of  said  right,  according  to  the  terms 
of  the  contract,  until  the  right  so  to  interfere  shall  be  finally 
established  by  the  highest  judicial  tribunal  of  the  State  in 
which  the  railroad,  for  the  use  of  which  the  contract  was 
made,  is  located. 

SEC.  2.  That  if  any  company  chartered  by  this  State,  or 
authorized  by  law  to  extend  its  road  into  this  State,  shall  be 
interfered  with,  interrupted,  or  enjoined,  contrary  to  the  pro- 
visions of  the  first  section  of  this  supplement,  and  thereby 
prevented  from  enjoying  the  rights  stipulated  for  in  such 
contract,  it  shall  be  lawful  for  the  company  so  interfered  with, 
interrupted,  or  enjoined,  to  apply,  by  bill  in  equity,  to  the 
Supreme  Court,  or  any  judge  thereof,  setting  forth  the  facts; 
whereupon  it  shall  be  the  duty  of  the  court  or  judge,  if 


satisfied  that  the  complainant  has  been  so  interfered  witi 
interrupted,  or  enjoined,  to  issue  a  writ  of  injunction,  withoi 
security,  against  the  railroad  company  with  which  the  con 
plainant  contracted,  forbidding  it,  its  agents  or  employees  an 
all  other  persons,  to  exercise  any  corporate  privileges  or  us 
its  own  railroad  within  this  State  until  the  further  order  of  tr 
said  court  or  judge. 

SEC.  3.  That  thenceforward  such  complaint  shall  procee 
as  other  cases  in  equity;  and  if,  on  first  hearing,  said  cou 
shall  be  of  opinion  that  the  interference,  interruption,  or  ii 
junction  complained  of  was  without  sufficient  cause,  it  sha 
decree  a  continuance  of  the  injunction  theretofore  granted,  s 
long  as  the  interruption  or  injunction  complained  of  sha 
continue. 


AN    ACT    REQUIRING    A    MAJORITY    OF    THE    DIRECTOR 
OR  MANAGERS   OF   CORPORATIONS   TO   CONSTITUTE 
QUORUM. 

Approved  i$th  April,  1869.     (P.  L.,  1869,  page  29.) 

SECTION  i.  That  whenever  the  number  of  directors  or  mai 
agers  of  any  corporation  may  be  increased  under  authority  < 
law,  a  majority  of  the  whole  number  shall  be  necessary  t 
constitute  a  quorum;  and  all  laws  inconsistent  with  this  a< 
be  and  the  same  are  hereby  repealed. 


AN  ACT  TO  AUTHORIZE  RAILROAD  AND  CANAL  COMP/ 
NIES  TO  AID  IN  THE  DEVELOPMENT  OF  THE  COA1 
IRON,  LUMBER,  AND  OTHER  MATERIAL  INTEREST 
OF  THIS  COMMONWEALTH. 

Approved  i^th  April,  1869.     (P.  L.,  1869,  pages  jf  and 32.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  railroad  an 
canal  companies  to  aid  corporations  authorized  by  law  1 
develop  the  coal,  iron,  lumber,  or  other  material  interests  ( 
this  Commonwealth,  by  the  purchase  of  their  capital  stoc 
and  bonds,  or  either  of  them,  or  by  the  guarantee  of  or  agret 
ment  to  purchase  the  principal  and  interest,  or  either,  of  sue 


bonds:  Provided,  That  this  act  shall  not  apply  to  the  stock 
and  bonds  of  any  corporation  possessing  mining  or  manu- 
facturing privileges  in  the  county  of  Schuylkill. 


AN  ACT  TO  REPEAL  AN  ACT  ENTITLED  "AN  ACT  TO 
AUTHORIZE  THE  SALE  OF  THE  PROPERTY  OF  ANY 
INCORPORATED  COMPANY  UPON  THE  BONDS  SECURED 
BY  A  MORTGAGE  GIVEN  BY  IT,  WITH  LIKE  EFFECT  AS 
IF  SOLD  UPON  THE  MORTGAGE."  I 

Approved  r^th  April,  1869.     (P.  L.,  1869 1  page  J2.) 

SECTION  i.  That  the  act  entitled  "An  act  to  authorize  the 
sale  of  the  property  of  any  incorporated  company  upon  the 
bonds  secured  by  a  mortgage  given  by  it,  with  like  effect  as 
if  sold  upon  the  mortgage,"  approved  the  tenth  day  of  April, 
Anno  Domini  one  thousand  eight  hundred  and  sixty-seven, 
be  and  the  same  is  hereby  repealed. 


AN  ACT  TO  CONFIRM  THE  ACKNOWLEDGMENTS  OF 
DEEDS,  MORTGAGES,  OR  OTHER  INSTRUMENTS  OF 
WRITING  HERETOFORE  MADE  BY  CORPORATIONS. 

Approved  ijth  April,  1869.     (P.  L.,  1869,  page  68.) 

SECTION  i.  That  the  provisions  of  the  third  section  of  an 
act  entitled  "An  act  authorizing  notaries  public  in  this  State, 
and  in  any  States  or  territory  in  the  United  States,  to  take 
acknowledgments  of  deeds  and  letters  of  attorney,  and  to 
confirm  acknowledgments  heretofore  made,"  approved  the 
twenty-second  day  of  April,  Anno  Domini  one  thousand 
eight  hundred  and  sixty-three,  be  and  the  same  is  hereby 
extended  to  all  deeds,  mortgages,  or  other  instruments  of 
writing  informally  acknowledged  by  any  corporation  since 
the  passage  of  said  act:  Provided,  That  no  case  heretofore 
judicially  decided  shall  be  affected  by  this  act. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  FO 
THE  PROTECTION  OF  FARMERS  AND  OWNERS  O 
CATTLE,  HORSES,  SHEEP,  AND  SWINE  ALONG  TH 
LINE  OF  RAILROADS  IN  WARREN  COUNTY,"  APPROVE. 
MARCH  TWENTY-EIGHTH,  ONE  THOUSAND  EIGH1 
HUNDRED  AND  SIXTY-EIGHT,  AND  EXTENDING  TH! 
SAME  TO  THE  COUNTIES  OF  BRADFORD,  McKEAI* 
AND  VENANGO. 

Approved  ijth  April,  1869.     (/*.  L.,  r86g,  pages  1125  and  1126.) 

SECTION  i.  That  if  any  company  referred  to  in  said  ac 
shall  neglect  to  perform  the  duties  imposed  by  said  act,  th 
company  so  offending  shall  be  answerable  to  the  owners  c 
cattle,  horses,  sheep,  or  swine,  to  the  value  of  the  propert 
injured  upon  said  roads  in  consequence  of  such  neglect. 

SEC.  2.  The  provisions  of  said  act  and  this  supplement  b< 
and  the  same  are  hereby  extended  to  the  counties  of  Brad 
ford,  McKean,  and  Venango,  and  that  the  several  courts  o 
said  county  shall  have  like  jurisdiction. 


AN  ACT  TO  ENABLE  COURTS  OF  COMMON  PLEAS  OF  THIS 
COMMONWEALTH  TO  CHANGE  THE  NAME,  STYLE,  ANI 
TITLE  OF  CORPORATIONS. 

Approved  zoth  April,  1869.     (P.  L.,  1869,  pages  82  and  Sj.) 

SECTION  i.  That  it  shall  be  lawful  for  the  several  courts  o 
common  pleas  of  this  Commonwealth  to  change  the  name 
style,  and  title  of  any  corporation  within  their  respective 
counties,  with  the  same  proceedings  and  in  the  same  mannei 
as  they  are  now  authorized  to  improve,  amend,  and  altei 
charters  :  Provided,  That  no  proceedings  for  such  purpose  shal 
be  entertained  by  the  courts  until  notice  of  such  application 
is  given  to  the  auditor-general,  and  proof  of  such  fact  is  pro- 
duced to  the  courts;  and  upon  final  decree  in  such  proceeding 
before  using  such  name,  the  parties  in  interest  shall  file  with 
the  auditor-general  a  copy  of  the  decree  making  such  change. 

SEC.  2.  That  the  third  section  of  the  act  approved  fourth 
April,  one  thousand  eight  hundred  and  forty-three,  giving 
authority  to  courts  of  quarter  sessions  to  change  the  name 
style,  and  title  of  corporations,  be  and  the  same  is  hereby 
repealed. 


173 

A  SUPPLEMENT  TO  THE  ACT  TO  REVISE,  AMEND,  AND 
CONSOLIDATE  THE  SEVERAL  LAWS  TAXING  CORPORA- 
TIONS, BROKERS,  AND  BANKERS,  APPROVED  MAY  ONE, 
ONE  THOUSAND  EIGHT  HUNDRED  AND  SIXTY-EIGHT. 

Approved  2jth  April,  1869.     (P.  L.t  1869,  pages  94  and  95.) 

WHEREAS,  The  legislature,  in  repealing  the  various  laws  in 
force,  so  far  as  they  were  supplied  by  the  act  to  which  this  is 
a  supplement,  to  wit,  the  acts  of  April  twenty-one,  one  thou- 
sand eight  hundred  and  fifty-eight;  April  twelve,  one  thousand 
eight  hundred  and  fifty-nine ;  April  nine,  one  thousand  eight 
hundred  and  sixty-seven ;  March  twenty-two,  one  thousand 
eight  hundred  and  sixty-seven  ;  and  portion  of  the  acts  of 
June  eleven,  one  thousand  eight  hundred  and  forty;  April 
twenty-nine,  one  thousand  eight  hundred  and  forty-four;  May 
seven,  one  thousand  eight  hundred  and  fifty-five ;  April  thirty, 
one  thousand  eight  hundred  and  sixty-four;  and  February 
twenty-three,  one  thousand  eight  hundred  and  sixty-six,  inad- 
vertently failed  to  make  positive  provision  for  the  collection 
and  payment  of  the  taxes  falling  due  and  payable  under  those 
laws  :  to  remedy  which — 

SECTION  i.  That  the  general  repeal  of  those  laws  or  parts 
thereof  shall  read  "  so  far  as  the  same  are  altered  and  supplied, 
except  so  far  as  shall  be  necessary  to  enforce  the  collection 
and  payment  of  all  taxes  assessed  or  falling  due  and  payable 
under  said  acts  or  any  of  them." 


A  FURTHER  SUPPLEMENT  TO  THE  ACT  ENTITLED  "AN 
ACT  TO  ENABLE  CITIZENS  TO  HOLD  TITLE  WHICH 
HAD  BEEN  HELD  BY  ALIENS  AND  CORPORATIONS," 
APPROVED  THE  NINTH  DAY  OF  JANUARY,  ANNO  DOMINI 
ONE  THOUSAND  EIGHT  HUNDRED  AND  SIXTY-ONE. 

Approved  26th  April,  1869.     (P.  L.,  1869,  page  96.) 

SECTION  I.  That  the  provisions  of  the  act  entitled  "An  act 
to  enable  citizens  to  hold  title  which  had  been  held  by  aliens 
and  corporations,"  approved  the  ninth  day  of  January,  Anno 
Domini  one  thousand  eight  hundred  and  sixty-one,  be  and 
hereby  are  extended  to  all  sales  and  conveyances  of  real  estate 
which  had  been  made  prior  to  the  passage  of  this  act. 


174 

AN    ACT    AUTHORIZING    CORPORATIONS    TO    INCREASE 
THEIR  BONDED  OBLIGATIONS  AND  CAPITAL  STOCK. 

Approved  2gth  December,  f86y.     (P.  L.,  1870,  pages  1374  and  1375.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  corporation 
created  by  or  existing  under  the  laws  of  this  Commonwealth 
to  increase  its  bonded  obligations  and  secure  the  same  by 
mortgage,  and  also  to  increase  its  capital  stock,  from  time  to 
time,  to  any  amount  not  exceeding  fifty  per  cent,  of  the 
amounts  heretofore  authorized,  and  to  sell  or  dispose  of  the 
same  on  such  terms  and  conditions  as  to  said  corporation 
may  seem  proper :  Provided,  however,  That  this  act  shall  not 
apply  to  any  corporation  until  it  is  duly  accepted  by  it,  where- 
upon it  shall  be  taken  and  deemed  to  be  a  part  of  its  act  of 
incorporation  and  be  made  under  its  authority ;  and  a  certifi- 
cate, duly  attested  by  the  president  and  treasurer  of  said  com- 
pany, under  its  corporate  seal,  setting  forth  the  acceptance  of 
the  act,  with  the  amounts  and  character  of  the  increase,  shall 
be  filed  in  the  auditor-general's  office  of  the  Commonwealth, 
and  a  copy  thereof  be  filed  with  the  secretary  of  State :  And 
provided  further,  That  on  all  such  increase  the  State  shall  be 
entitled,  pro  rata,  to  the  same  bonus  or  tax  that  is  now 
assessed  by  law  on  like  amounts  of  the  existing  capital  of  the 
respective  corporations. 


AN  ACT  TO  PREVENT  THE  INJURY  OR  DESTRUCTION  OF 
BAGGAGE  WITHIN  THE  LIMITS  OF  THE  STATE  OF 
PENNSYLVANIA. 

Approved  12th  February,  1870.     (P.  L.,  1870,  page  yj.) 

SECTION  i.  That  any  baggage-master,  express  agent,  stage 
driver,  hackman,  or  other  person  whose  duty  it  is  to  handle, 
remove,  or  take  care  of  the  baggage  of  passengers,  who  shall 
willfully  or  recklessly  injure  or  destroy  any  trunk,  valise,  box, 
package,  or  parcel,  while  loading,  transporting,  unloading, 


175 

delivering,  or  storing  the  same,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  sentenced  to  pay 
a  fine  not  exceeding  one  hundred  dollars :  Provided,  That  the 
provisions  of  this  act  shall  not  be  so  construed  as  to  release 
railroad  or  other  transportation  companies  from  their  liabilities 
under  existing  laws. 


AN  ACT  TO  AUTHORIZE  RAILROAD  COMPANIES  TO  LEASE 
OR  BECOME  LESSEES  AND  TO  MAKE  CONTRACTS  WITH 
OTHER  RAILROAD  COMPANIES,  CORPORATIONS,  AND 
PARTIES. 

Approved  17 th  February,  i8jo.     (P.  L.,  1870,  page  jf.) 

SECTION  I.  That  it  shall  and  may  be  lawful  for  any  railroad 
company  or  companies  created  by  or  existing  under  the  laws 
of  this  Commonwealth,  from  time  to  time  to  lease  or  become 
the  lessees,  by  assignment  or  otherwise,  of  any  railroad  or  rail- 
roads, or  enter  into  any  other  contract  with  any  other  railroad 
company  or  companies,  individuals,  or  corporations,  on  such 
terms  and  conditions  as  may  be  agreed  upon,  whether  the 
road  or  roads  embraced  in  such  lease,  assignment,  or  contract 
may  be  within  the  limits  of  this  State  or  created  by  or  existing 
under  the  laws  of  any  other  State  or  States;  and  any  railroad 
company  or  companies  of  this  Commonwealth  may  agree  to 
guarantee,  in  whole  or  in  part,  the  payments  and  covenants  of 
any  such  lease,  assigned  lease, or  contract:  Provided,  however, 
That  such  road  or  roads,  so  embraced  in  any  such  lease, 
assignment,  contract,  or  guarantee,  shall  be  connected  either 
directly  or  by  means  of  intervening  line  with  the  railroad  or 
railroads  of  said  company  or  companies  of  this  Commonwealth 
so  entering  into  such  lease,  assignment,  contract,  or  guarantee, 
and  thus  forming  a  continuous  route  or  routes  for  the  trans- 
portation of  persons  and  property :  Provided,  further,  That  the 
provisions  of  this  act  shall  in  no  wise,  nor  by  any  construction 
whatever,  apply  to  the  Pittsburg  and  Connellsville  Railroad 
Company. 


AN  ACT  TO    AUTHORIZE    CANAL    COMPANIES    TO    BUILI 
LATERAL  RAILROADS. 

Approved  z8th  March,  i8jo.     (P.  L.,  1870,  pages  41  and  42.} 

SECTION  i.  That  it  shall  be  lawful  for  any  canal  company 
now  or  hereafter  incorporated  by  or  under  the  laws  of  thi 
Commonwealth,  to  construct  and  operate  lateral  railroads  am 
branches  therefrom,  not  exceeding,  respectively,  ten  miles  ii 
length,  with  the  necessary  appurtenances,  from  suitable  point 
on  the  line  of  their  canals  to  any  mines,  quarries,  or  othe 
desirable  points  for  the  procurement  of  traffic  for  said  canals 
and  shall  have  and  enjoy,  and  be  subject  to  all  and  singular  th« 
provisions  and  restrictions  of  an  act  of  assembly  regulating 
railroad  companies,  approved  the  nineteenth  day  of  February 
one  thousand  eight  hundred  and  forty-nine,  and  the  supple 
ments  thereto,  necessary  for  the  location,  construction,  am 
operation  of  the  said  roads  and  branches. 


AN  ACT  TO  AUTHORIZE  AND  DIRECT  THE  ATTORNEY 
GENERAL,  UPON  COMPLAINT  MADE  BY  PARTIES  WHOSI 
INTERESTS  ARE  THEREBY  AFFECTED,  TO  INSTITUTI 
PROCEEDINGS,  ACCORDING  TO  LAW,  AGAINST  CORPO 
RATIONS  ALLEGED  TO  HAVE  VIOLATED  DUTIES  IM 
POSED  UPON  THEM  BY  LAW. 

Approved  ist  April,  1870.     (P.  L.,  1870,  pages  45  and  46.) 

SECTION  i.  That  in  all  cases  in  which  heretofore  any  privi 
leges  or  immunities  have  been  granted  to  any  corporation  b} 
any  act  of  the  general  assembly  of  the  Commonwealth,  upoi 
terms  and  conditions  in  such  act  prescribed,  for  the  knowing 
and  intentional  neglect  or  refusal  to  perform  and  comply  witl 
which  terms  and  conditions  a  forfeiture  or  determination  of  sucl 
privileges  and  immunities  is  provided  for  in  the  act,  it  shal 
be  the  duty  of  the  attorney-general  of  the  Commonwealth 
upon  complaint  made  to  him  by  any  party  whose  rights  o: 
interests  are  affected  by  such  neglect  or  refusal,  to  institutt 
forthwith  procedings,  in  a  court  of  competent  jurisdiction,  tc 
ascertain  the  fact  of  such  neglect  or  refusal ;  and  if  sue? 


177 

neglect  or  refusal  shall  be  adjudged  by  such  court  to  have 
occurred,  then  and  in  such  case  all  the  rights,  privileges, 
powers,  and  immunities  granted  to  said  corporation  upon 
such  terms  and  conditions  shall  forthwith  cease  and  deter- 
mine ;  and  thereupon  the  governor  of  the  Commonwealth 
shall  provide  such  organization  as  may  be  needful  to  manage 
any  such  property,  until  otherwise  directed  by  the  legislature : 
Provided,  however,  That  all  expenses  incident  to  the  manage- 
ment thereof  shall  be  paid  from  its  own  proceeds;  and  nothing 
in  this  act  contained  shall  be  deemed  as  authorizing  any 
liability  against  or  expenditure  by  the  Commonwealth  of 
Pennsylvania :  Provided,  That  when  proceedings  under  the 
provisions  of  this  act  are  commenced  in  any  court  other  than 
the  Supreme  Court,  the  right  of  appeal  to  the  Supreme  Court 
shall  exist  to  either  party,  as  in  other  cases:  Provided  further, 
This  act  shall  not  apply  to  bridge  companies. 


A  SUPPLEMENT  TO  THE  ACT  ENTITLED  "AN  ACT  RELAT- 
ING TO  EXECUTIONS,"  APPROVED  THE  SIXTEENTH  OF 
JUNE,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRED 
AND  THIRTY-SIX. 

Approved  jth  April,  r8jo.     (P.  L.,  1870,  pages  $8  and 59.) 

SECTION  I.  That  in  addition  to  the  provisions  of  the  sixty- 
second  section  of  the  act  of  the  sixteenth  day  of  June,  Anno 
Domini  one  thousand  eight  hundred  and  thirty-six,  relating 
to  executions,  and  in  lieu  of  the  provisions  or  proceedings 
by  sequestration  under  said  act,  plaintiff  or  assigns,  in  any 
judgment  against  any  corporation  not  excepted  by  said  act, 
may  have  execution  fieri  facias  issued  from  the  court  wherein 
said  judgment  is  entered,  which  shall  command  the  sheriff 
or  other  officer  to  levy  the  sum  of  said  judgment,  with 
interest  and  costs  of  suit,  of  any  personal,  mixed,  or  real 
property,  franchises,  and  rights  of  such  corporation,  and 
thereupon  proceed  and  sell  the  same,  excepting  lands  held 
in  fee,  which  latter  shall  be  proceeded  against  and  sold  in 
the  manner  provided  in  cases  for  the  sale  of  real  estate; 


I78 

the  proceedings  on  judgment  under  the  aforesaid  provision 
of  this  supplement  shall  be  without  stay  of  execution :  Pn 
vided,  That  the  purchaser  or  purchasers  of  any  or  all  of  sai 
property,  real,  personal,  or  mixed,  together  with  the  franchise 
and  rights,  shall  take  the  same  clear  of  all  encumbrance: 
excepting  any  mortgage  or  mortgages  which  may  legall 
exist  at  the  time  of  levy  thereupon,  the  lien  of  which  sha 
not  be  affected  in  any  manner  by  said  sale. 

SEC.  2.  That  by  virtue  of  any  execution  issued  under  thi 
act,  the  levy  may  extend  to  the  property,  franchises,  and  right 
of  said  corporation,  in  any  and  every  county  of  this  Commor 
wealth  wherein  the  same  may  be,  and  shall  be  endorsed  o 
said  writ ;  the  levy  and  sale  thereof  shall  be  as  effective  a 
though  all  said  property,  franchises,  and  rights  were  locatec 
used,  levied  upon,  and  sold  in  the  county  wherein  said  writ  c 
execution  was  issued,  and  shall  fully  divest  the  defendants  ( 
all  interest  therein. 


AN  ACT  REQUIRING  RAILROAD,  CANAL,  NAVIGATION 
AND  TELEGRAPH  COMPANIES  TO  MAKE  UNIFORM  RE 
PORTS  TO  THE  AUDITOR-GENERAL. 

Approved  qth  April,  1870.     (P.  L.,  1870,  page  61.} 

SECTION  i.  That  the  auditor-general  of  this  Commonwealt 
be  .and  is  hereby  directed  to  make  out,  and  cause  to  b 
printed,  a  blank  form  for  the  annual  reports  of  the  seven 
railroad,  canal,  navigation,  and  telegraph  corporations  of  th 
State,  referred  to  in  the  second  section  of  this  act ;  and  th 
said  auditor-general  shall  forward,  by  mail  or  otherwise,  on  c 
before  the  first  day  of  October  in  each  year,  to  each  of  tfc 
said  corporations,  copies  of  the  said  form ;  and  when  the  sarr 
shall  have  been  received  from  the  several  aforesaid  corpon 
tions,  he  shall  cause  the  same  to  be  filed  in  his  office,  copi< 
of  which  shall  be  transmitted  to  the  legislature  on  or  befoi 
the  fifteenth  day  of  February  in  each  year. 

SEC.  2.  That  it  is  hereby  made  the  duty  of  each  railroa- 
canal,  navigation,  and  telegraph  company  whose  works  c 


179 

lines  are  in  whole  or  in  part  within  the  limits  of  this  State,  to 
make  out  and  return  to  the  auditor-general  an  annual  report, 
within  thirty  days  after  the  expiration  of  their  financial  year, 
according  to  a  form  to  be  prescribed  by  the  said  auditor- 
general,  embracing  in  detail  the  operations  and  affairs  of  the 
said  corporations  during  the  financial  year,  and  such  other 
information  as  the  auditor-general  shall  direct ;  said  report  to 
be  attested  by  the  oath  or  affirmation  of  the  president,  super- 
intendent, or  sequestrator,  and  the  treasurer  of  the  company : 
Provided,  That  companies  whose  financial  year  end  after 
December  thirty-first  shall  make  approximate  reports  to 
December  thirty-first,  and  forward  the  same  on  or  before  the 
thirty-first  day  of  January. 

SEC.  3.  That  every  such  railroad,  canal,  navigation,  and 
telegraph  corporation  which  shall  refuse  or  neglect  to  make 
such  report  as  before  provided,  shall  be  liable  to  a  penalty  of 
five  thousand  dollars  to  the  use  of  the  Commonwealth,  for 
every  such  refusal  or  neglect,  to  be  sued  for  and  recovered  as 
debts  of  like  amount  are  or  may  be  by  law  recoverable. 

SEC.  4.  That  all  acts  or  parts  of  acts  of  assembly  inconsistent 
with  the  provisions  of  this  act  be  and  they  are  hereby  re- 
pealed ;  saving,  however,  to  the  Commonwealth  the  right  to 
collect  any  penalty  heretofore  incurred. 


A  SUPPLEMENT  TO  AN  ACT  REGULATING  RAILROAD 
COMPANIES,  APPROVED  FEBRUARY  NINETEENTH,  ONE 
THOUSAND  EIGHT  HUNDRED  AND  FORTY-NINE. 

Approved  ijth  April,  i8jo.     (P.  L.,  1870,  page  /j.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  two  or 
more  railroad  companies  incorporated  by  or  under  any  law  of 
this  Commonwealth  to  jointly  endorse  or  guaranty  the  bonds 
or  other  obligations  of  any  other  railroad  company  for  the 
payment  of  money,  and  such  company  or  companies  so 
endorsing  or  guaranteeing  may  take  such  securities  and 
indemnity  from  the  company  whose  bonds  or  obligations  may 
thus  be  endorsed  or  guaranteed  as  aforesaid,  as  may  be  agreed 
upon  by  the  several  companies  respectively,  to  and  with  each 


i8o 

other,  either  jointly  or  separately;  and  it  shall  further  be  lawfi 
for  such  companies,  so  endorsing  or  guaranteeing  as  aforesaic 
to  apportion  and  limit  their  liability  as  between  themselve 
or  as  between  themselves  and  the  company  or  compank 
whose  bonds  or  obligations  may  be  endorsed  or  guaranteec 
as  may  be  respectively  agreed  upon. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  RE 
LATING  TO  RAILROAD  AND  CANAL  COMPANIES,"  A! 
PROVED  APRIL  ELEVENTH,  ONE  THOUSAND  EIGH 
HUNDRED  AND  SIXTY-FOUR. 

Approved  i^th  April,  1870.     (P.  /,.,  1870,  page  75.) 

SECTION  I.  That  it  shall  be  lawful  for  any  canal  or  navig; 
tion  company  incorporated  by  this  Commonwealth,  to  pui 
chase  and  hold  the  stock  and  bonds,  and  to  lease  the  roa 
and  property  of,  or  become  consolidated  and  merged  with,  an 
railroad  company  so  incorporated,  and  for  any  such  railroa 
company  to  purchase  and  hold  the  stock  and  bonds,  and  t 
lease  the  canal,  navigation,  and  property  of,  or  become  coi 
solidated  and  merged  with,  any  such  canal  or  navigatio 
company  in  the  same  manner  as  such  purchases,  lease 
consolidation,  and  merger  are  now  allowed  by  law  by  an 
between  railroad  companies,  and  all  the  provisions  of  exis 
ing  acts  relative  to  such  purchases,  leases,  consolidation,  an 
merger  by  and  between  railroad  companies  are,  whenevt 
applicable,  hereby  extended  so  as  to  embrace  the  purchase 
leases,  consolidation,  and  merger  hereby  authorized. 


JOINT  RESOLUTION  FOR  THE  PROTECTION  OF  TH 
RIGHTS  OF  CORPORATIONS  CHARTERED  BY  THIS  CON 
MONWEALTH. 

Approved  ijth  April,  1870.      (P.  L.,  1870,  page  1334.} 

SECTION  I.  That  the  attorney-general  of  this  Commoi 
wealth  be  instructed  to  commence  proceedings  against  s 
corporations  which  have  constructed  or  may  hereafter  coi 
struct  railroad  or  telegraph  lines  within  this  State  witho* 


authority  of  law :  Provided,  That  this  act  shall  not  apply  to 
telegraph  lines  used  by  corporations  solely  for  their  private 
purposes. 


AN  ACT  FURTHER  SUPPLEMENTARY  TO  AN  ACT  REGU- 
LATING RAILROAD  COMPANIES,  APPROVED  THE  NINE- 
TEENTH DAY  OF  FEBRUARY,  ANNO  DOMINI  ONE 
THOUSAND  EIGHT  HUNDRED  AND  FORTY-NINE. 

Approved  26th  April,  1870.     (P.  L.,  1870,  page  1274.') 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  railroad 
company  or  corporation  duly  organized  under  the  laws  of  this 
State,  for  the  purpose  of  constructing  a  railroad,  either  wholly 
within,  or  partly  within  and  partly  without,  this  State,  under 
authority  of  this  and  any  adjoining  State,  to  merge  and  con- 
solidate its  capital  stock,  franchises,  and  property  with  any 
other  railroad  company  or  companies  or  corporations  organ- 
ized under  the  laws  of  this  or  any  other  State,  whenever  the 
two  or  more  railroads  of  the  companies  or  corporations  so  to 
be  consolidated  shall  or  may  form,  when  constructed,  a  con- 
tinuous line  of  railroad  with  each  other,  or  by  means  of  any 
intervening  railroad ;  and  such  consolidation  may  be  effected 
in  accordance  with  the  laws  of  this  Commonwealth,  either 
under  special  or  general  statutes  of  other  States. 


AN  ACT  RELATIVE  TO  CHANGES  OF  VENUE. 

Approved  28th  April,  1870.     (P.  L.,  1870,  page  1293.) 

SECTION  2.  That  it  shall  and  may  be  lawful  for  either  party 
in  any  suit  or  action,  real  or  personal,  now  pending  or  that 
may  hereafter  be  brought  in  any  of  the  courts  of  this  Com- 
monwealth, by  or  against  any  incorporated  company,  to 
remove  the  same  into  the  court  of  any  other  adjacent  county 
indicated  by  the  president  judge  of  the  court  in  which  the 
suit  was  originally  brought;  which  suits  so  removed  shall  be 
proceeded  in  by  the  proper  court,  in  like  manner  and  subject 
to  like  rules  and  proceedings  as  if  it  had  remained  in  the 


182 

court  in  which  it  was  originally  commenced,  and  upon  fin 
judgment  testatum  executions  may  issue  as  in  other  case 
Provided,  That  the  party  so  removing  shall  first  take  ar 
subscribe  an  oath  or  affirmation,  to  be  filed  of  record  with  tl 
cause,  that  such  removal  is  not  made  for  the  purpose  of  dela 
but  because  he  firmly  believes  a  fair  and  impartial  trial  cann 
be  had  in  the  county  in  which  such  suit  is  brought  or  orig 
nated. 


AN  ACT  TO  AUTHORIZE  CORPORATIONS  TO  SUBSCRIE 
FOR  OR  PURCHASE  THE  CAPITAL  STOCK,  AND  TO  PU1 
CHASE  THE  BONDS  OF  THE  AMERICAN  STEAMSH] 
COMPANY  OF  PHILADELPHIA. 

Approved  ijth  February,  1871.     (P.  L,,  i8"jit  page  j<5.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  priva 
corporations,  created  by  or  doing  business  in  this  Commo 
wealth,  to  subscribe  for  or  to  purchase  the  capital  stock  ai 
bonds  of  the  American  Steamship  Company  of  Philadelph: 


AN    ACT    SUPPLEMENTARY  TO  THE  ACTS    RELATING   1 
LATERAL  RAILROADS. 

Approved  ijth  February,  1871.     (P.  L.,  1871,  page  j6.) 

SECTION  I.  That  in  all  proceedings  now  pending  or  whi< 
may  hereafter  be  instituted,  to  procure  the  right  to  constru 
lateral  railroads,  or  for  the  acquisition  of  wharves  or  landing 
or  for  either  of  said  purposes,  the  appeal  to  court  from  £ 
report  of  the  viewers  shall  extend,  not  only  to  the  assessme 
of  damages,  but  to  the  question  of  the  necessity  of  the  pr 
posed  lateral  railroad,  wharf,  or  landing,  and  shall  also  extei 
to  the  question  whether  such  landing  or  wharf  is  necessary 
the  owner  thereof,  for  his  own  uses  or  purposes ;  and  if  tl 
jury  shall  so  find,  the  same  shall  not  be  taken  from  him. 


1*3 

AN  ACT  TO  DECLARE  THE  MEANING  OF  AN  ACT  COM- 
PELLING RAILROAD  AND  OTHER  CORPORATIONS  TO 
PAY  COUNSEL  FEES  OF  PLAINTIFF  IN  CERTAIN  CASES, 
APPROVED  MAY  THIRD,  ONE  THOUSAND  EIGHT  HUN- 
DRED AND  SIXTY-SIX. 

Approved  1 6th  March,  1871.     (P.  L.,  i8ji,page  231.) 

SECTION  i.  That  the  true  intent  and  meaning  of  an  act 
entitled  "An  act  compelling  railroad  and  other  corporations 
to  pay  counsel  fees  of  plaintiffs  in  certain  cases,"  approved 
May  third,  one  thousand  eight  hundred  and  sixty-six,  is  and 
is  hereby  declared  to  be  that  corporations  named  in  said  act 
shall  only  be  liable  to  pay  the  plaintiff's  counsel  fees  in  case 
said  corporations  have  contested  the  validity  of  the  bonds  for 
the  recovery  of  the  interest  on  which  suit  has  been  brought, 
and  such  validity  has  been  established  by  a  court  of  competent 
jurisdiction. 


AN  ACT  RELATING  TO  NON-USED  AND  ABANDONED 
FRANCHISES  OF  TURNPIKE,  PLANK  ROAD,  CANAL,  AND 
SLACK-WATER  NAVIGATION  COMPANIES,  OR  PUBLIC 
HIGHWAYS,  PROVIDING  WHAT  SHALL  CONSTITUTE 
EVIDENCE  OF  ABANDONMENT. 

Approved  22d  March,  i8jr.     (P.  L.,  i8ji,  pages  231  and  232.) 

SECTION  I.  That  whenever  any  turnpike,  plank  road,  canal, 
or  slack-water  navigation,  or  public  highway  of  any  company 
or  corporation  incorporated  by  the  laws  of  this  Common- 
wealth for  the  purpose  of  making,  operating,  or  using  the 
same,  has  been  or  shall  have  been,  for  the  period  of  five  suc- 
cessive years  or  upwards,  decayed,  out  of  repair,  and  unused 
for  the  purposes  mentioned  in  the  charter  of  such  company, 
the  same  shall  be  deemed  and  held  to  be  abandoned,  together 
with  all  the  easements  and  servitudes  incident  thereto;  and 
all  the  rights,  privileges,  and  franchises  of  such  company  in 
respect  to  the  same  shall  cease  and  determine;  and  such  con- 
dition and  non-user  for  the  period  aforesaid  may  be  given  in 


1 84 

evidence  in  any  suit  or  proceeding  wherein  the  facts  of  suet 
abandonment  may  be  material,  and  shall  be  conclusive  proo 
thereof:  Provided,  That  this  act  shall  not  apply  to  any  sucr 
company,  heretofore  incorporated,  unless  the  right  is  reservec 
in  its  charter  to  resume  its  corporate  privileges  and  franchise.' 
in  case  of  the  misuse  or  abuse  thereof:  Provided,  That  the 
provisions  of  the  bill  shall  not  apply  to  any  canal  in  the 
counties  of  Schuylkill,  Wyoming,  Bradford,  and  Berks,  nor  tc 
any  turnpike  or  plank  road  in  the  county  of  Carbon. 


A  SUPPLEMENT  TO  THE  ACT  OF  APRIL  FOURTH,  ONE 
THOUSAND  EIGHT  HUNDRED  AND  SIXTY-EIGHT,  RELA- 
TIVE TO  THE  FORMATION  AND  REGULATION  OF  RAIL- 
ROAD CORPORATIONS. 

Approved  28th  April,  i8ji.     (P.  L.,  1871,  pages  246  and  247.) 

SECTION  i.  That  any  number  of  persons,  not  less  than  three 
all  of  whom  must  become  stockholders,  may  form  a  company 
for  the  purpose  of  constructing,  maintaining,  and  operating  a 
railroad  for  public  use,  as  provided  for  in  the  act  to  which 
this  is  a  supplement:  Provided,  Said  railroad  shall  not  be  of  a 
greater  length  than  five  miles ;  and  its  stockholders  may 
exercise  all  the  powers  granted  in  the  act  to  which  this  is  a 
supplement,  under  such  rules  and  regulations  as  they  may 
adopt,  in  the  election  of  officers  and  the  appointment  of  agents 
for  carrying  on  the  business  of  the  corporation,  not  incon- 
sistent with  the  act  to  which  this  is  a  supplement. 

SEC.  2.  That  any  corporation  formed  under  the  act  to  which 
this  is  a  supplement,  having  constructed  a  road,  or  having 
partially  constructed  one,  of  no  greater  length  than  that  fixed 
by  this  act,  electing  to  organize  under  the  provisions  hereof 
shall  have  the  power  to  do  so  if  a  majority  of  its  stock  so 
determines,  and  shall,  within  thirty  days,  file  in  the  office  oi 
the  secretary  of  the  Commonwealth  a  certificate  of  its  action 
and  a  copy  of  its  articles  of  association,  under  forms  fixed 
by  said  secretary;  and  any  corporation  failing,  refusing,  or 


i85 

neglecting  so  to  do  shall  be  subject  to  a  fine  of  fifty  dollars, 
to  be  collected  as  other  fines  are  by  the  proper  officers  of  the 
Commonwealth. 


A  SUPPLEMENT  TO  AN  ACT  TO  ENABLE  RAILROAD, 
CANAL,  AND  SLACK-WATER  NAVIGATION  COMPANIES 
TO  STRAIGHTEN,  WIDEN,  DEEPEN,  AND  OTHERWISE 
IMPROVE  THEIR  LINES  OF  RAILROADS,  CANALS,  AND 
SLACK-WATER  NAVIGATION,  AND  THE  BRIDGES,  AQUE- 
DUCTS, PIERS,  AND  STRUCTURES  THEREOF,  APPROVED 
THE  SEVENTEENTH  DAY  OF  MARCH,  ANNO  DOMINI 
ONE  THOUSAND  EIGHT  HUNDRED  AND  SIXTY-NINE. 

Approved  zd  May,  i8ji.     (P.  L.,  1871,  page  248.} 

SECTION  I.  That  in  addition  to  the  remedies  and  proceed- 
ings provided  by  the  second  section  of  the  act  to  which  this  is 
a  supplement,  all  and  singular  the  provisions  of  the  second 
and  third  sections  of  the  act  of  assembly  approved  the  ninth 
day  of  April,  Anno  Domini  one  thousand  eight  hundred  and 
fifty-six,  entitled  "A  supplement  to  an  act  entitled  'An  act 
regulating  railroad  companies/  approved  the  nineteenth  day 
of  February,  Anno  Domini  one  thousand  eight  hundred  and 
forty-nine,"  and  of  the  first  section  of  the  act  of  assembly 
approved  the  twenty-seventh  day  of  April,  Anno  Domini 
one  thousand  eight  hundred  and  fifty-five,  entitled  "An  act 
extending  the  right  of  trial  by  jury  to  certain  cases,"  are 
hereby  made  applicable  to  all  cases  arising  and  proceedings 
instituted  under  the  said  act  to  which  this  is  a  supplement. 


AN  ACT  RELATING  TO  LEASES  OR  CONTRACTS  FOR  THE 
USE  OF  CANALS  OR  OTHER  NAVIGATION  WORKS  BY 
RAILROAD  COMPANIES. 

Approved  jd  May,  iSji.     (P.  L.t  i8ji,  pages  248  and  249.} 

SECTION  I.  That  the  authority  conferred  upon  railroad 
companies  by  the  act  approved  the  seventeenth  day  of  Feb- 
ruary, Anno  Domini  one  thousand  eight  hundred  and  seventy, 


1 86 

entitled  "An  act  to  authorize  railroad  companies  to  lease  o 
become  lessees  and  to  make  contracts  with  other  railroa< 
companies,  corporations,  and  parties,"  shall  extend  to  and  em 
brace  leases,  assignments  of  lease,  or  other  contracts  relating 
to  canal  and  other  navigation  works,  situated  either  in  this  o 
any  other  State  :  Provided,  That  neither  the  provisions  of  th< 
said  act  approved  the  seventeenth  day  of  February,  on* 
thousand  eight  hundred  and  seventy-one,  nor  of  this  act 
shall  authorize  the  leasing  or  merging  of  or  entering  intc 
contracts  with  the  Susquehanna  Canal  Company,  or  the  pur 
chase  in  whole  or  in  part  of  the  said  canal,  its  capital  stocl 
loans,  or  securities  by  any  railroad  company. 


AN  ACT  FOR  THE  COLLECTION  OF  MINERAL  STATISTICS 

Approved  qth  May,  1871.     (P.  L.,  1871,  pages  261  and  263.) 

SECTION  I.  That  in  addition  to  the  information  now  requirec 
to  be  furnished  to  the  auditor-general  by  the  several  railroac 
and  canal  companies  of  this  Commonwealth,  each  of  said  rail- 
road and  canal  companies,  when  their  railroad  or  canal  passe.' 
through  any  of  the  coal  regions  of  this  State,  shall  report  foi 
the  year  one  thousand  eight  hundred  and  seventy-one,  anc 
annually,  as  soon  after  the  first  day  of  January  in  each  year 
or  the  close  of  the  fiscal  year  of  said  companies,  as  the 
information  can  be  procured  under  oath  of  one  of  the  officers 
of  said  company,  to  the  auditor-general,  the  quantity  of  coa: 
of  each  kind  and  of  coke,  in  tons  of  two  thousand  pounds 
each,  received  for  transportation  at  each  station  on  every 
such  railroad  and  at  each  coal-shipping  point  on  said  canal 
distinguishing  in  said  report  the  quantities  received  direct 
from  the  mines  from  that  received  from  other  railroad  01 
canals,  giving  the  name  of  said  connecting  railroad  or  canals 
in  such  a  manner  that  the  amount  of  the  production  of  coal 
on  the  line  of  said  railroad  or  canal  may  be  correctly  ascer- 
tained; the  Monongahela  Slack-water  Navigation  Company, 
and  all  other  slack-water  navigation  companies  engaged  in 
conveying  coal  or  coke,  are  also  hereby  required  to  make 


1 87 

returns  in  the  same  manner  as  is  hereinbefore  required  of 
railroad  and  canal  companies. 

SEC.  2.  It  shall  also  be  the  duty  of  each  of  said  railroad 
companies  to  report  the  quantity  of  coal  purchased  or  mined 
for  their  own  use  in  this  State  by  them  during  each  year, 
and  which  was  produced  along  the  line  of  said  railroad, 
and  stating  at  what  place  or  places  the  same  was  mined,  and 
which  was  not  included  in  the  reports  of  coal  received  for 
transportation  before  mentioned  of  said  railroad,  or  of  any 
other  railroad  or  canal. 

SEC.  3.  It  shall  be  the  duty  of  all  coal-mining  companies  or 
firms  and  individuals  working  mines,  and  of  all  State  and 
county  officers,  to  furnish  to  the  auditor-general,  in  answer  to 
his  letters  or  circulars,  all  information  in  their  possession  in 
regard  to  the  quantity  of  coal  mined  that  is  sent  to  market 
direct  by  any  navigable  river,  or  used  by  any  rolling-mill, 
blast  furnace,  salt  works,  or  otherwise,  and  which  is  not 
transported  on  any  railroad,  canal,  or  slack-water  navigation 
company,  and  also  to  inform  him  when  and  of  whom  correct 
information  as  to  the  coal  production  of  any  such  locality  can 
be  procured;  and  further,  to  inform  him  of  all  accidents  in 
mines  in  counties  where  there  is  no  mine  inspector  appointed 
by  law,  and  how  the  same  was  caused. 

SEC.  4.  It  shall  be  the  duty  of  the  auditor-general,  on 
receiving  said  reports  and  such  other  authentic  information 
as  he  shall  collect,  to  collate  said  reports  and  information, 
and  make  a  report,  giving  the  results  only,  in  tabular  form, 
showing  the  quantity  of  coal  mined  during  each  year  in  each 
county  and  in  each  important  coal-producing  region,  in  a 
perspicuous  form,  separating  the  several  kinds  of  coal  into 
anthracite,  semi-bituminous,  bituminous,  and  splint  or  block 
coal,  suitable  for  smelting  iron,  giving  also  from  time  to  time 
the  statistics  of  each  region,  from  the  beginning  of  its  coal 
trade,  so  far  as  it  can  be  ascertained;  he  shall  also  specially 
report  the  number  of  accidents  resulting  in  death  or  injury  in 
coal  mines  in  those  counties  where  there  is  no  mine  inspector, 
classifying  them  according  to  the  cause  thereof,  whether  occa- 
sioned by  fire,  explosions,  falls  of  roof  or  coal  in  shafts  or 
slopes,  or  other  causes,  under  ground  or  at  the  surface. 


i88 

SEC.  5.  The  auditor-general  shall  also,  in  the  same  mannei 
collect  statistics,  collate,  classify,  and  report,  at  the  same  tirm 
the  quantities  of  petroleum,  salt,  iron  ore,  zinc,  and  othe 
mineral  productions  of  the  Commonwealth ;  also,  the  pig  iroi 
and  merchant  or  wrought  iron  manufactured  in  the  Common 
wealth. 

SEC.  6.  Eight  thousand  copies  of  said  report  of  the  auditor 
general,  together  with  his  suggestions  on  the  workings  o 
existing  laws  and  his  propositions  as  to  new  enactments 
shall  be  published  for  distribution,  annually,  as  soon  as  it  i 
prepared,  with  the  title  of  the  "  Mineral  Statistics  of  Pennsyl 
vania;"  and  one  copy  thereof  shall  be  sent  by  mail,  by  th< 
auditor-general,  to  each  person  who  shall  have  furnishec 
him  with  information  as  aforesaid,  and  the  balance  shall  b( 
delivered  to  the  legislature  for  distribution. 

SEC.  7.  Any  railroad  or  canal  or  slack-water  navigatior 
company,  or  coal-mining  company,  firm,  or  individual  en- 
gaged in  mining,  or  any  county  officer,  who  shall  neglect  o: 
refuse,  for  thirty  days,  to  make  report  or  give  the  informatior 
required  by  this  act,  shall  be  liable  to  a  penalty  of  om 
hundred  dollars,  to  be  recovered  by  order  of  the  auditor- 
general,  in  an  action  of  debt,  in  which  the  Commonwealtr 
shall  be  plaintiff,  by  the  district  attorney  of  the  proper  county 
the  one-half  thereof  to  go  to  said  district  attorney  and  the 
other  half  for  the  use  of  the  poor  of  the  proper  poor  district 


AN  ACT  RELATING  TO  CERTAIN  RAILROAD,  CANAL,  AND 
INCORPORATED  COMPANIES  AUTHORIZED  TO  CON- 
STRUCT RAILROADS,  AND  AUTHORIZING  SUCH  COM- 
PANIES TO  PURCHASE  AND  HOLD  STOCK  AND  BONDS, 
TO  LEASE  ROADS  AND  PROPERTY  OF,  AND  CONSOLI- 
DATE WITH,  EACH  OTHER  IN  THE  COUNTIES  OF  SUS- 
QUEHANNA,  WYOMING,  WAYNE,  AND  LUZERNE. 

Approved  i8th  May,  1871.      (P.  L.,  i8ji,  pages  942  and  943.) 

SECTION  I.  That  it  shall  be  lawful  for  any  railroad,  canal,  or 
navigation  company  incorporated  by  or  exercising  within  this 
Commonwealth,  and  under  and  in  pursuance  of  the  laws 


I89 

thereof,  corporate  privileges,  within  the  counties  of  Susque- 
hanna,  Wyoming,  Wayne,  and  Luzerne,  to  purchase  and  hold 
the  stock  and  bonds,  and  to  lease  the  road  and  property  of,  or 
become  consolidated  and  merged  with,  any  other  incorporated 
company  authorized  by  the  laws  of  this  Commonwealth  to 
construct  a  railroad  or  possessing  railroad  privileges,  and  for 
any  such  [any]  incorporated  company  so  authorized  to  con- 
struct a  railroad  or,  possessing  railroad  privileges,  to  purchase 
and  hold  the  stock  and  bonds,  and  to  lease  the  road,  canal, 
and  property  of,  or  become  consolidated  and  merged  with, 
any  such  railroad,  canal,  or  navigation  company,  in  the  same 
manner  as  such  purchases,  leases,  consolidation,  and  merger 
are  now  provided  or  allowed  by  law  and  by  and  between 
railroad  companies  incorporated  by  this  Commonwealth ;  and 
all  the  provisions  of  existing  acts  relative  to  such  purchases, 
leases,  consolidation,  and  merger  by  and  between  railroad 
companies  incorporated  by  this  Commonwealth  are,  when- 
ever or  so  far  as  applicable,  hereby  extended  so  as  to 
embrace  the  purchases,  leases,  consolidations,  and  mergers 
hereby  authorized,  and  so  that  the  authority  by  this  act 
conferred  may  be  effectually  and  lawfully  exercised;  and 
when  any  merger  and  consolidation  shall  be  made  in  accord- 
ance with  the  provisions  of  this  act,  all  the  property,  rights, 
franchises,  and  privileges  of  the  company  so  merged  shall,  by 
virtue  of  such  merger,  be  thereby  transferred  to  and  vested 
in  the  company  into  which  such  merger  shall  be  made :  Pro- 
vided, That  any  consolidated  company  formed  by  merging  of 
two  or  more  companies,  under  the  provisions  of  this  act,  shall 
not  charge  any  higher  rates  for  transportation  than  the  rates 
now  allowed  by  law  over  the  respective  roads  so  merged. 


AN  ACT  TO  AUTHORIZE  MARRIED  WOMEN  OWNING 
CAPITAL  STOCK  OF  ANY  RAILROAD  COMPANY  TO 
SELL  AND  TRANSFER  THE  SAME. 

Approved  zd  June,  rSji.     (P.  L.,  i8jr,  page  283.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  married 
woman,  owning  any  share  or  shares  of  the  capital  stock  of 
any  railroad  company,  to  sell  and  transfer  the  same  with  like 
effect  as  if  she  were  unmarried. 


190 

AN  ACT  RELATING  TO  LEGAL  PROCEEDINGS  BY  AN! 
AGAINST  CORPORATIONS. 

Approved  iqth  June,  1871.     (P.  L.,  1871,  pages  1360  and  1361.} 

SECTION  i.  That  in  all  proceedings  in  courts  of  law  o: 
equity  of  this  Commonwealth,  in  which  it  is  alleged  that  th( 
private  rights  of  individuals  or  the  rights  or  franchises  o 
other  corporations  are  injured  or  invaded  by  any  corporatior 
claiming  to  have  a  right  or  franchise  to  do  the  act  from  whicl 
such  injury  results,  it  shall  be  the  duty  of  the  court  in  whicl 
such  proceedings  are  had  to  examine,  inquire,  and  ascertair 
whether  such  corporation  does,  in  fact,  possess  the  right  o: 
franchise  to  do  the  act  from  which  such  alleged  injury  tc 
private  rights  or  to  the  rights  and  franchises  of  other  corpo- 
rations results,  and  if  such  rights  or  franchises  have  not  beer 
conferred  upon  such  corporation,  such  courts,  if  exercising 
equitable  power,  shall,  by  injunction,  at  suit  of  the  private 
parties  or  other  corporations,  restrain  such  injurious  acts;  anc 
if  the  proceedings  be  at  law  for  damages,  it  shall  be  lawful 
therein  to  recover  damages  for  such  injury,  as  in  other  cases 

SEC.  2.  When  such  legal  proceedings  relate  to  crossings  ol 
lines  of  railroads  by  other  railroads,  it  shall  be  the  duty  oi 
courts  of  equity  of  this  Commonwealth  to  ascertain  and 
define  by  their  decree  the  mode  of  such  crossing  which  will 
inflict  the  least  practical  injury  upon  the  rights  of  the  company 
owning  the  road  which  is  intended  to  be  crossed,  and  if,  in  the 
judgment  of  such  court,  it  is  reasonably  practicable  to  avoid  a 
grade-crossing,  they  shall  by  their  process  prevent  a  crossing 
at  grade. 


A  SUPPLEMENT  TO   AN   ACT   ENTITLED  "AN   ACT   RELA- 
TIVE   TO    CHANGES    OF    VENUE." 

Approved  2ist  February,  1872.      (P.  L.,  1872,  page  79.) 

SECTION  i.  That  all  the  expenses  incurred  in  the  trial  of 
any  suits  by  the  county  to  which  they  may  be  removed  under 
the  provisions  of  the  act  entitled  "An  act  relative  to  the 
change  of  venue,"  approved  April  twenty-eighth,  Anno  Domini 
one  thousand  eight  hundred  and  seventy,  shall  be  paid  by  the 
county  from  which  such  suits  have  been  removed. 


AN  ACT  TO  PREVENT  TRESPASSING.  UPON  RAILROAD 
CARS  IN  THE  COUNTY  OF  BERKS. 

Approved  2ist  February,  1872.     (P.  Z,.,  1872,  page  131.) 

WHEREAS,  Minors  and  other  persons  frequently  enter  upon 
and  into  and  be  upon  railroad  cars  in  the  county  of  Berks, 
contrary  to  the  rules  of  the  corporations  owning  such  cars, 
and  for  the  purpose  of  being,  riding,  and  traveling  thereon 
without  any  payment  of  fare,  and  by  entering  upon  and  leaving 
such  cars  serious  and  fatal  accidents  have  occurred;  therefore, 

SECTION  I.  That  any  person  being  in  or  upon  or  entering  in 
or  upon  any  railroad  car  in  the  county  of  Berks,  whether  the 
same  be  passenger,  freight,  coal,  or  other  car,  with  the  inten- 
tion of  being,  riding,  or  traveling  in  or  upon  such  car,  con- 
trary to  the  rules  of  the  person,  persons,  or  corporation  owning 
the  same,  and  with  the  intention  of  being  in  or  upon,  riding, 
or  traveling  upon  such  car  without  paying  fare,  shall  forfeit 
and  pay  a  penalty  of  not  more  than  five  dollars,  which  penalty 
shall  be  paid  to  the  treasurer  of  the  school  district  in  which 
said  offense  was  committed,  for  the  use  of  said  district. 

SEC.  2.  Any  constable  or  police  officer  having  knowledge 
of  the  violation  of  this  act  may  forthwith  arrest  such  offender, 
and  take  him  before  any  judge,  alderman,  or  justice  of  the 
peace,  or  such  offender  may  be  arrested  by  a  warrant  or  capias 
issued  by  such  magistrate,  upon  information  duly  made  on 
oath  or  affirmation ;  and  said  magistrate  shall  proceed  to  hear 
and  determine  the  matter  in  issue,  and  if  he  shall  convict  the 
person  so  charged  with  the  violation  of  the  provisions  of  this 
act,  he  shall  proceed  to  pronounce  the  forfeiture  which  he 
shall  adjudge  against  the  person  so  convicted;  and  if  the  per- 
son so  convicted  refuse  or  neglect  to  satisfy  such  forfeiture 
immediately,  with  costs,  or  produce  goods  and  chattels  where- 
on to  levy  the  said  forfeiture,  together  with  costs,  then  the 
said  justice  shall  commit  the  offender  to  the  Berks  county 
prison  for  a  period  not  exceeding  ten  days. 

(Extended  to  several  other  counties,  2/th  February,  1873.) 


AN    ACT    RELATING    TO    STRAIGHTENED    OR    IMPROVE] 
LINES    OF    RAILROAD. 

Approved  jd  April,  1872.     (P.  L.,  1872,  pages  35  and  j6.) 

SECTION  i.  That  it  shall  be  lawful  for  the  president  an< 
directors  of  any  railroad  company  to  retain  the  possession  an* 
use,  either  in  whole  or  part,  of  any  portion  of  the  origins 
railroad  for  which  an  improved  or  straightened  line  has  bee 
substituted,  if  in  their  opinion  the  abandonment  of  the  sai< 
portion  would  be  inconvenient  or  injurious  to  the  interests  c 
the  public  and  of  the  railroad  company. 


AN    ACT    TO    AUTHORIZE    CORPORATIONS    TO    ISSUE 
PREFERRED    STOCK. 

Approved  jd  April,  1872.     (P.  L.,  1872,  pages  37  and  j<?.) 

SECTION  I.  That  it  shall  be  lawful  for  any  company  now  o 
hereafter  incorporated  by  or  under  any  general  law  of  thi 
Commonwealth  to  issue,  with  the  consent  of  a  majority  ii 
interest  of  its  stockholders,  preferred  stock  of  the  company 
not  exceeding  at  any  time  one-half  of  the  capital  stock  o 
the  corporation,  the  holders  of  which  preferred  stock  shal 
be  entitled  to  receive  such  dividends  thereon,  not  exceeding 
twelve  per  cent,  per  annum,  as  the  board  of  directors  of  sail 
company  may  prescribe,  payable  out  of  the  net  earnings  c 
the  company ;  and  the  holders  of  said  preferred  stock  shal 
not  be  liable  for  any  debts  of  the  company. 


AN  ACT  EXEMPTING  THE  COUNTIES  OF  LANCASTER 
VENANGO,  AND  BERKS  FROM  ALL  THE  PROVISION! 
OF  AN  ACT  ENTITLED  "AN  ACT  RELATING  TO  CHANGE! 
OF  VENUE,"  APPROVED  APRIL  TWENTY-EIGHTH 
ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRED  ANI 
SEVENTY. 

Approved  jd  April,  1872.      (P.  L.,  187 2,  page  839.) 

SECTION  i.  That  from  and  after  the  passage  of  this  act  th< 
counties  of  Lancaster,  Venango,  and  Berks  shall  be  exemp 


193 

from  all  of  the  provisions  of  an  act  entitled  "An  act  relating 
to  changes  of  venue,"  approved  April  twenty-eighth,  Anno 
Domini  one  thousand  eight  hundred  and  seventy. 


AN  ACT  SUPPLEMENTAL  TO  AN  ACT  ENTITLED  "A  SUP- 
PLEMENT TO  ACTS  RELATING  TO  INCORPORATIONS 
BY  THE  COURTS  OF  COMMON  PLEAS,"  APPROVED  ON 
THE  NINTH  DAY  OF  APRIL,  ANNO  DOMINI  ONE  THOU- 
SAND EIGHT  HUNDRED  AND  FIFTY-SIX. 

Approved  <j.th  April,  i8j2.     (P.  L.,  1872,  pages  40  and  41.) 

SECTION  i.  That  the  "proper  county"  intended  by  said  act, 
approved  as  aforesaid,  may  be,  at  the  option  of  any  corpo- 
ration praying  for  permission  to  dissolve  in  the  way  and  man- 
ner in  said  act  designated,  either  the  county  in  which  the 
principal  operations  of  the  corporations  are  conducted  or  that 
county  in  which  its  principal  office  or  place  of  business  is 
located :  Provided,  That  notice  of  said  application  shall  be 
given  by  publication  in  two  papers  in  the  county  in  which  the 
principal  operations  are  conducted  and  that  in  which  the 
principal  office  is  located. 


AN  ACT  RELATING  TO  FOREIGN  EXECUTORS,  ADMIN- 
ISTRATORS, GUARDIANS  AND  REPRESENTATIVES  OF 
DECEDENTS  AND  WARDS. 

Approved  8th  April,  1872.     (P.  L.,  1872,  pages  44  and  45.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  execu- 
tor, administrator,  or  other  person  representing  the  estate  of 
any  decedent,  or  for  any  guardian  or  other  legal  representative 
of  the  estate  of  a  minor,  acting  under  letters  testamentary  or 
of  administration  or  other  authority,  granted  by  or  under  the 
laws  of  any  other  State  or  territory  of  the  United  States,  or 
of  any  kingdom,  state,  sovereignty,  or  country,  to  transfer  any 
or  all  shares  of  stock  and  registered  loan,  or  either,  of  any 
incorporated  company  of  this  Commonwealth,  standing  in  the 


194 

name  of  any  decedent  minor,  or  cestui  que  trust,  and  to  receiv 
the  dividends  and  interest,  or  either  thereof,  whenever  a  dul1 
authenticated  copy  of  the  will  or  other  grant  of  authority 
under  which  such  transfer  or  receipt  is  proposed  to  be  mad 
shall  have  been  filed  in  the  office  of  the  register  of  wills  fo 
the  county  in  which  such  incorporated  company  has  its  trans 
fer  office  or  principal  place  of  business ;  and  all  transfers  c 
stock  or  loans  or  receipts  for  dividends  or  interest  heretofor 
made  by  foreign  executor,  administrator,  guardian,  and  other 
acting  as  aforesaid,  are  hereby  validated. 


AN  ACT  FOR  THE  APPOINTMENT  OF  A  RECEIVER  II 
CASES  WHERE  CORPORATIONS  HAVE  BEEN  DISSOLVEI 
BY  JUDGMENT  OF  OUSTER,  UPON  PROCEEDINGS  Ol 
QUO  WARRANTO. 

Approved  April  4th,  i8j2.     (P  L.,  1872,  pages  46  and  47.} 

SECTION  i.  That  whenever  any  corporation  incorporate* 
under  the  laws  of  this  Commonwealth  shall  have  been  dis 
solved  by  judgment  of  ouster,  upon  proceedings  of  qu 
warranto  in  any  court  of  competent  jurisdiction,  all  the  estate 
both  real  and  personal,  of  which  such  corporation  are  in  an; 
way  seized  or  possessed  shall  pass  to  and  vest  in  the  persoj 
who  at  the  time  of  such  dissolution  are  the  officers  of  sue] 
corporation,  in  trust,  to  hold  the  same  for  the  benefit  of  th 
stockholders  and  creditors  of  the  corporation. 

SEC.  2.  The  Supreme  Court,  or  any  judge  thereof  sitting  a 
nisi  prius,  shall,  upon  the  petition  of  any  stockholder  o 
creditor  of  such  corporation,  appoint  a  receiver,  who  shal 
have  all  the  powers  of  a  receiver  appointed  by  a  court  c 
chancery,  to  take  possession  of  all  the  estate,  both  real  an« 
personal,  thereof,  and  make  distribution  of  the  assets  amon; 
the  persons  entitled  to  receive  the  same  according  to  law 
Provided,  That  written  notice,  as  may  be  directed  by  the  coun 
shall  be  given  to  the  persons,  or  a  majority  of  them,  who  wer 
at  the  time  of  the  dissolution  officers  of  the  corporation,  c 
the  intention,  time,  and  place  of  presenting  such  petition 
And  provided  further,  That  it  shall  be  the  duty  of  sue] 


195 

receiver  to  give  notice  of  his  appointment,  time,  and  place  of 
meeting  to  all  the  stockholders  of  such  corporation,  and  to 
advertise  the  same  as  the  court  may  direct. 

SEC.  3.  That  the  provisions  of  this  act  shall  also  apply  to 
any  corporation  that  has  been  heretofore  dissolved  by  judg- 
ment of  ouster  upon  proceedings  of  quo  warranto  in  any  court 
of  competent  jurisdiction,  the  affairs  of  which  have  not  been 
settled  and  adjusted. 


AN  ACT  FOR  THE  BETTER  PROTECTION  OF  THE  WAGES 
OF  MECHANICS,  MINERS,  LABORERS,  AND  OTHERS. 

Approved  qth  April,  1872.     (P.  L.,  1872,  pages  47  and  49.} 

SECTION  i.  That  all  moneys  that  may  be  due,  or  hereafter 
become  due,  for  labor  and  services  rendered  by  any  miner, 
mechanic,  laborer,  or  clerk,  from  any  person  or  persons,  or 
chartered  company  employing  clerks,  miners,  mechanics,  or 
laborers,  either  as  owners,  lessees,  contractors,  or  under- 
owners  of  any  works,  mines,  manufactory,  or  other  business 
where  clerks,  miners,  or  mechanics  are  employed,  whether  at 
so  much  per  diem  or  otherwise,  for  any  period  not  exceeding 
six  months  immediately  preceding  the  sale  and  transfer  of 
such  works,  mines,  manufactories,  or  business,  or  other  prop- 
erty connected  therewith,  in  carrying  on  said  business,  by 
execution  or  otherwise,  preceding  the  death  or  insolvency  of 
such  employer  or  employers,  shall  be  a  lien  upon  said  mine, 
manufactory,  business,  or  other  property  in  and  about  or  used 
in  carrying  on  the  said  business  or  in  connection  therewith, 
to  the  extent  of  the  interest  of  said  owners  or  contractors,  as 
the  case  may  be,  in  said  property,  and  shall  be  preferred  and 
first  paid  out  of  the  proceeds  of  the  sale  of  such  mine,  manu- 
factory, business,  or  other  property  as  aforesaid:  Provided, 
That  the  claim  of  such  miner,  mechanic,  laborer,  and  clerk 
thus  preferred  shall  not  exceed  two  hundred  dollars :  And 
provided  further,  That  this  act  shall  not  be  so  construed  as  to 
impair  contracts  existing  or  liens  of  record  vested  prior  to  its 
passage :  And  provided  further,  That  no  such  claim  shall  be 


196 

a  lien  upon  any  real  estate,  unless  the  same  be  filed  in  th< 
prothonotary's  office  of  the  county  in  which  such  real  estate 
is  situated,  within  three  months  after  the  same  becomes  du< 
and  owing,  in  the  same  manner  as  mechanics'  liens  are  nov 
filed. 

SEC.  2.  In  all  cases  of  executions,  landlords'  warrants 
attachments,  and  writs  of  a  similar  nature  hereafter  to  b< 
issued  against  any  person  or  persons  or  chartered  compan} 
engaged  as  before  mentioned,  it  shall  be  lawful  for  sucl 
miners,  laborers,  mechanics,  or  clerks  to  give  notice  in  writing 
of  their  claim  or  claims,  and  the  amount  thereof,  to  the  officer 
executing  either  of  such  writs,  at  any  time  before  the  actua 
sale  of  the  property  levied  on ;  and  such  officers  shall  pay  t< 
such  miners,  laborers,  mechanics,  and  clerks,  out  of  the  pro 
ceeds  of  sale,  the  amount  each  is  justly  and  legally  entitled  t( 
receive,  not  exceeding  two  hundred  dollars. 

SEC.  3.  In  all  cases  of  the  death,  insolvency,  or  assignmen 
of  any  person  or  persons  or  chartered  company  engage< 
in  operations  as  hereinbefore  mentioned,  or  of,  execution: 
issued  against  them,  the  lien  of  preference  mentioned  ii 
the  first  section  of  this  act,  with  the  like  limitations  am 
powers,  shall  extend  to  every  property  of  said  persons  o 
chartered  company. 

SEC.  4.  That  no  mortgage,  or  other  instrument  by  which  ; 
lien  is  hereafter  credited,  shall  operate  to  impair  or  postpon< 
the  lien  and  preference  given  and  secured  to  the  wages  am 
moneys  mentioned  in  the  first  section  of  this  act:  Provided 
That  no  lien  of  mortgage  or  judgment  entered  before  sucl 
labor  is  performed  shall  be  effected  or  impaired  thereby. 

SEC.  5.  That  in  all  cases  of  appeal  from  the  judgment  c 
justice  of  the  peace  for  wages  or  moneys  mentioned  in  th' 
first  section  of  this  act,  the  party  appellant,  his  agent  o 
attorney,  shall  make  oath  or  affirmations  that  it  is  not  for  th' 
purpose  of  delay  that  such  appeal  is  entered,  but  because  h< 
firmly  believes  injustice  has  been  done;  the  bail  required  i] 
cases  of  appeal  from  the  judgments  of  justices  of  peace  am 
from  the  awards  of  arbitrators  for  the  wages  and  money 
mentioned  in  the  first  section  of  this  act  shall  be  bail  absolute 
in  double  the  amount  of  said  judgments  and  awards,  and  th 


probable  amount  of  costs  accrued  and  likely  to  accrue  in  such 
cases,  with  one  or  more  sufficient  sureties  conditioned  for  the 
payment  of  the  amount  of  the  debt,  interest,  and  cost  that 
shall  be  legally  recovered  in  such  case  against  the  appellant. 

SEC.  6.  That  ajl  laws  or  parts  of  laws  inconsistent  herewith 
be  and  the  same  are  hereby  repealed. 


AN  ACT  AMENDING  THE  PROVISO  IN  SECTION  FIVE  OF 
AN  ACT  TO  PREVENT  FRAUDS  UPON  TRAVELERS,  AP- 
PROVED THE  SIXTH  DAY  OF  MAY,  ANNO  DOMINI  ONE 
THOUSAND  EIGHT  HUNDRED  AND  SIXTY-THREE. 

Approved  loth  April t  i8j  2.     (P.  L,,  1872,  page  57.) 

SECTION  i.  That  the  proviso  in  section  five  of  an  act  to 
prevent  frauds  upon  travelers,  approved  the  sixth  day  of  May, 
Anno  Domini  one  thousand  eight  hundred  and  sixty-three, 
be  and  the  same  is  hereby  amended  so  that  the  same  shall 
read  as  follows  :  Provided,  That  this  act  shall  not  prohibit  any 
person  who  has  purchased  a  ticket  from  any  agent  authorized 
by  this  act,  with  the  bona  fide  intention  of  traveling  upon  the 
same  the  whole  distance  between  the  points  named  in  the  said 
ticket,  from  selling  the  unused  part  of  the  same  to  the  com- 
pany that  sold  the  same ;  and  it  shall  be  the  duty  of  the  said 
company  to  pay  for  such  unused  portion  of  ticket  the  difference 
between  the  actual  fare  to  point  used  and  the  amount  paid 
for  such  ticket. 


AN  ACT  RELATING  TO  THE  STOCK  AND  BONDS  OF  RAIL- 
ROAD AND  CANAL  COMPANIES  MERGED  OR  PROPOSING 
TO  MERGE  AND  HELD  BY  EXECUTORS,  GUARDIANS,  OR 
TRUSTEES. 

Approved  12th  April,  1872.     (P.  L.,  1872,  page  61.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  execu- 
tor, guardian,  or  trustee  holding  the  stock  and  bonds,  or  either, 
of  any  railroad  or  canal  company  which  may  be  authorized  to 
merge  and  consolidate  with,  or  which  has  become  merged 


198 

and  consolidated  with,  any  other  railroad  or  canal  company,  t< 
agree  for  and  in  respect  to  the  said  stock  and  bonds,  or  either 
so  held  by  them,  to  the  terms  and  conditions  of  such  proposec 
or  actual  merger,  and  to  accept  in  lieu  or  exchange  for  sai( 
stock  and  bond,  or  either,  (but  to  be  held  in  like  trusts,)  th< 
stock  and  bonds,  or  either,  of  the  company  so  merging  o 
formed  by  such  merger  and  consolidation. 


AN  ACT  AUTHORIZING  MINING  AND  MANUFACTURING 
COMPANIES,  OR  OTHER  ORGANIZED  COMPANIES  OP 
INDIVIDUALS,  TO  GIVE,  AND  BANKS  OR  OTHER  ORGAN 
IZED  COMPANIES  OR  INDIVIDUALS  TO  TAKE  AND  HOLI 
MORTGAGES  ON  REAL  ESTATE,  TO  SECURE  PAYMENT 
OF  NOTES,  BILLS,  AND  RENEWALS  THEREOF. 

Approved  ijth  February,  1873.     (P.  L.,  1873,  page  jj.) 

SECTION  i.  That  it  shall  be  lawful  for  mining  and  manu 
facturing  companies  organized  under  any  special  or  general  la\* 
of  this  Commonwealth,  or  for  any  other  organized  company  01 
individual,  to  execute  and  deliver,  and  for  all  banks  organizec 
under  any  law  of  this  Commonwealth,  or  any  other  organizec 
company,  individual,  or  individuals,  to  take  and  hold  mort- 
gages on  real  estate,  to  secure  payment  of  such  notes,  bills 
and  other  negotiable  or  other  paper,  and  renewals  thereof 
belonging  to  or  made  by  said  companies,  as  the  said  banks 
companies,  individual,  or  individuals  shall  agree  to  and 
execute,  from  time  to  time,  for  discount  or  otherwise:  Pro- 
vided, That  such  mortgage  shall  operate  as  a  lien  from  the 
date  of  the  record  of  such  instrument. 


AN  ACT  TO  EXTEND  TO  CERTAIN  COUNTIES  AN  ACT  EN- 
TITLED "AN  ACT  TO  PREVENT  TRESPASSING  UPON 
RAILROAD  CARS  IN  THE  COUNTY  OF  BERKS,"  APPROVED 
THE  TWENTY-FIRST  DAY  OF  FEBRUARY,  ANNO  DOMINI 
ONE  THOUSAND  EIGHT  HUNDRED  AND  SEVENTY-TWO. 

Approved  2jth  February,  1873.     (f-  L.,  1873,  page  z8r.} 

SECTION  i.  That  the  provisions  of  an  act  entitled  "An  act 
to  prevent  trespassing    upon  railroad   cars  in  the  county  of 


199 

Berks,"  approved  the  twenty-first  day  of  February,  Anno 
Domini  one  thousand  eight  hundred  and  seventy-two,  be  and 
the  same  is  hereby  extended  to  the  counties  of  York,  Hunt- 
ingdon, Union,  Philadelphia,  Westmoreland,  Perry,  Bucks, 
Montour,  and  Schuylkill. 


AN  ACT  TO  PREVENT  RAILROAD  COMPANIES  AND  OTHER 
CORPORATIONS  NOW  OR  HEREAFTER  CREATED  UNDER 
THE  LAWS  OF  THIS  COMMONWEALTH  FROM  CON- 
STRUCTING ANY  RAILROAD  OR  OTHER  WORKS  WITHIN, 
OVER,  OR  UPON  THE  LANDS,  TENEMENTS,  OR  HERE- 
DITAMENTS BELONGING  OR  APPERTAINING  TO  THE 
PENNSYLVANIA  STATE  LUNATIC  HOSPITAL,  SITUATE 
IN  DAUPHIN  COUNTY. 

Approved  ist  March,  1873.     (P.  L.,  1873,  page 38.} 

WHEREAS,  The  constructing  of  any  railroad  through  the 
grounds  of  said  hospital  would  be  detrimental  to  the  interests 
of  those  for  whose  benefit  and  improvement  the  same  was 
built,  and  dangerous  to  them  when  taking  exercise  and 
recreation  within  the  grounds  thereof;  therefore, 

SECTION  I.  That  it  shall  not  be  lawful  for  any  railroad  com- 
pany or  other  corporation  now  or  hereafter  created  under  the 
laws  of  this  Commonwealth,  and  the  same  are  hereby  forbid- 
den and  prohibited  from  entering  in  or  upon  or  from  con- 
structing or  building  any  railroad  or  other  works  within,  upon, 
or  over  any  lands,  tenements,  or.  hereditaments  belonging 
or  appertaining  to  the  said  the  Pennsylvania  State  Lunatic 
Hospital. 


AN  ACT  TO  AUTHORIZE  CORPORATIONS  TO  SECURE  THE 
PAYMENT  OF  THEIR  BONDS  AND  OBLIGATIONS  BY  A 
MORTGAGE  UPON  THEIR  PROPERTY,  RIGHTS,  AND 
FRANCHISES. 

Approved  I3th  March,  1873.     (?*•  L.,  1873,  page  45.) 

SECTION  i.  That  it  shall  be  lawful  for  any  railroad  corpo- 
ration of  this  Commonwealth  to  secure  the  payment  of  any 
and  all  bonds  and  obligations  which  they  have  heretofore 


200 

made  and  issued,  or  may  hereafter  make  and  issue,  by  c 
mortgage  bearing  a  rate  of  interest  not  exceeding  seven  pei 
centum  per  annum,  upon  the  whole  or  any  part  of  their  prop- 
erty, rights,  and  franchises,  subject  to  any  prior  encumbrances 
thereon;  Provided,  That  this  act  shall  not  be  construed  tc 
empower  any  railroad  company  to  issue  bonds  in  excess  o: 
the  capital  stock  actually  paid  in. 


AN    ACT  RELATING   TO  THE    REVENUES    OF    THE    COM- 
MONWEALTH. 

Approved  2ist  March,  1873.     (P.  L.,  -r8?j,  page  46.} 

WHEREAS,  In  order  to  meet  the  increased  expense  resulting 
from  the  late  war,  and  to  extinguish  the  loan  of  three  millions 
of  dollars  created  for  that  purpose,  as  well  as  to  place  the 
credit  of  the  Commonwealth  on  a  secure  basis,  it  became 
necessary  to  establish  an  anomalous  and  somewhat  burden- 
some system  of  taxation ; 

AND  WHEREAS,  The  revenue  raised  by  taxing  the  capital  or 
the  industry  of  the  State  ought  not  to  exceed  the  amount 
necessary  to  meet  the  ordinary  expenses  of  government  and 
reduce  the  debt  at  a  reasonable  rate ; 

AND  WHEREAS,  In  the  act  of  February  twenty-third,  eighteen 
hundred  and  sixty-six,  imposing  a  tax  on  the  gross  receipts 
of  railroads  and  carrying  companies,  as  well  as  in  the  revised 
tax  laws  of  eighteen  hundred  and  sixty-eight,  it  was  clearly 
expressed  to  be  for  the  purpose  of  extinguishing  the  loan 
created  by  the  act  of  May  fifteen,  Anno  Domini  one  thou- 
sand eight  hundred  and  sixty-one,  known  as  the  war  loan, 
which  purpose  is  now  substantially  accomplished ;  therefore, 

SECTION  i.  That  all  laws  or  parts  of  laws  now  in  force  in 
this  Commonwealth  under  and  by  virtue  of  which  taxes  for 
State  purposes  are  levied  and  assessed  upon  horses,  mares, 
geldings,  mules,  and  cattle,  shall  be  and  they  are  hereby 
repealed,  so  far  as  they  give  authority  to  impose  State  taxes 
on  the  same :  Provided,  That  this  section  shall  not  take  effect 
until  the  next  meeting  of  the  board  of  revenue  commissioners 
of  this  Commonwealth. 


201 

SEC.  2.  That  so  much  of  the  sixth  section  of  the  act  entitled 
"  An  act  to  revise,  amend,  and  consolidate  the  several  laws 
taxing  corporations,  brokers,  and  bankers,"  approved  May 
first,  Anno  Domini  one  thousand  eight  hundred  and  sixty- 
eight,  as  imposes  a  tax  upon  the  net  earnings  or  income  of 
incorporated  companies  liable  to  the  tax  on  capital  stock 
under  the  fourth  section  of  said  act,  be  and  the  same  is 
hereby  repealed,  said  repeal  to  take  effect  from  and  after  the 
first  day  of  November,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-two :  Provided,  That  this  act  shall  not 
be  construed  to  release  any  taxes  which  accrued  prior  to  the 
first  day  of  November  aforesaid,  nor  in  any  way  to  affect  suits 
heretofore  or  hereafter  brought  in  the  name  of  the  Common- 
wealth for  the  collection  of  such  taxes,  and  the  penalties  and 
interest  attached  thereto,  nor  to  release  private  bankers, 
brokers,  or  incorporated  companies  having  no  taxable  capital 
stock,  but  for  such  purposes  the  section  hereby  repealed  shall 
continue  in  full  force  and  effect. 

SEC.  3.  That  so  much  of  the  eighth  section  of  the  act  last 
aforesaid  as  imposes  a  tax  upon  the  gross  receipts  of  railroad, 
canal,  and  transportation  companies,  be  and  the  same  is  hereby 
repealed,  said  repeal  to  take  effect  from  and  after  the  first  day 
of  July  next :  Provided,  That  any  company  which  has  been 
exempt  from  the  tax  on  tonnage  by  any  special  law  shall  be 
liable  to  pay  the  tax  of  three-fourths  of  one  per  centum  upon 
their  gross  receipts ;  and  that  this  act  shall  not  be  construed 
to  release  any  taxes  upon  gross  receipts  accruing  prior  to  the 
first  day  of  July  next,  nor  in  any  way  to  affect  suits  heretofore 
or  hereafter  instituted  in  the  name  of  the  Commonwealth  for 
the  collection  of  such  taxes,  and  the  penalties  and  interest 
attached  thereto. 

SEC.  4.  That  every  company,  except  bank  or  savings  insti- 
tutions, incorporated  under  the  laws  of  this  Commonwealth, 
and  authorized  to  issue  bonds  or  other  evidences  of  indebted- 
ness, and  which  pays  interest  to  its  bondholders  or  other 
creditors,  shall  pay  to  the  State  treasurer,  for  the  use  of  the 
Commonwealth,  semi-annually,  on  the  first  days  of  July  and 
January  in  each  and  every  year,  beginning  with  the  first  day 
of  July,  Anno  Domini  one  thousand  eight  hundred  and 


2O2 

seventy-three,  a  tax  equal  to  five  per  centum  upon  ever} 
dollar  of  interest  paid  as  aforesaid ;  and  it  shall  be  the  duty  o 
any  company  aforesaid  to  make  semi-annual  reports  to  the 
auditor-general,  under  oath,  showing  the  total  amount  of  the 
indebtedness  of  said  company,  and  the  amount  of  interest  paic 
to  their  bondholders  or  other  creditors. 

That  the  eleventh  section  of  the  act  approved  May 
first,  eighteen  hundred  and  sixty-eight,  entitled  "  An  act  tc 
revise,  amend,  and  consolidate  the  several  laws  taxing  cor- 
porations, brokers,  and  bankers,"  is  hereby  repealed,  said 
repeal  to  date  from  and  after  the  first  day  of  July  next,  saving 
however,  to  the  Commonwealth  the  right  to  collect  any  taxes 
accruing  under  said  section  prior  to  the  date  of  repeal  afore- 
said. 

(Section  4  repealed  by  act  of  April  24th,  1874.) 


AN  ACT  TO  PROVIDE  FOR  A  PERMANENT  CENTENNIAL 
EXPOSITION  BUILDING  FOR  THE  PEOPLE  OF  THE 
COMMONWEALTH,  IN  THE  CITY  OF  PHILADELPHIA. 

Approved  2jth  March,  1873.     (P.  L.,  fSjj,  page  50.) 

SECTION  i.  That  the  sum  of  one  million  dollars  be  and  the 
same  is  hereby  appropriated  for  the  erection  of  a  permanent 
centennial  exposition  building  for  the  people  of  this  Common- 
wealth, and  for  the  use  of  the  centennial  anniversary  o1 
American  independence,  under  the  direction  of  the  United 
States  centennial  board  of  finance,  incorporated  by  act  o1 
congress,  to  be  paid,  however,  only  as  hereinafter  provided 
No  larger  sum  than  shall  be  received  into  the  State  treasury 
on  account  of  the  centennial  anniversary  fund  hereinafter 
provided  for  shall  be  paid  by  the  State  treasurer  on  account 
of  the  permanent  centennial  exposition  building  during  the 
present  year,  and  not  exceeding  three  hundred  thousand 
dollars  shall  be  paid  of  the  amount  hereby  appropriated 
during  the  year  Anno  Domini  one  thousand  eight  hundred 
and  seventy-four,  and  not  more  than  three  hundred  thousand 
dollars  during  the  year  Anno  Domini  one  thousand  eight 
hundred  and  seventy-five,  and  the  residue  of  one  million 


203 

dollars  shall  be  paid  on  or  before  the  fourth  day  of  July,  Anno 
Domini  one  thousand  eight  hundred  and  seventy-six:  Pro- 
vided, That  the  moneys  herein  appropriated  are  in  no  event 
to  be  drawn  from  or  out  of  the  revenue  of  the  Commonwealth 
which,  under  the  Constitution  and  laws  of  the  State,  are  set 
apart  for  payment  of  the  State  debt ;  and  if,  from  any  cause, 
the  revenue  especially  provided  as  a  centennial  anniversary 
fund,  by  the  fifth  section  of  this  act,  shall  be  insufficient  to 
provide  the  whole  moneys  hereinbefore  appropriated,  no  more 
money  than  the  sum  of  two  hundred  and  fifty  thousand 
dollars  shall  be  paid  from  the  State  treasury  to  the  purposes 
aforesaid. 

SEC.  2.  Before  any  part  of  the  money  hereby  appropriated 
shall  be  paid,  satisfactory  evidence  shall  be  furnished  to  the 
State  centennial  supervisors  hereinafter  named  that  at  least 
one  million  dollars  of  bona  fide  responsible  private  subscrip- 
tions shall  have  been  made  within  the  city  of  Philadelphia 
to  the  capital  stock  of  the  said  United  States  centennial 
board  of  finance,  which  shall  be  officially  certified  to  the 
governor  by  the  said  supervisors,  and  a  sum  not  less  than 
five  hundred  thousand  dollars  shall  have  been  appropriated 
by  the  municipal  authorities  of  the  city  of  Philadelphia,  to  be 
applied  to  the  erection  of  the  permanent  centennial  exposition 
building  hereinafter  provided  for,  and  a  contract  shall  have 
been  executed  by  the  said  centennial  board  of  finance,  and 
the  centennial  board  of  finance  incorporated  by  act  of  con- 
gress, with  the  State  centennial  supervisors  hereinafter  named, 
the  commissioners  of  Fairmount  Park,  and  the  representatives 
of  the  city  of  Philadelphia,  as  the  authorities  of  said  city 
shall  appoint  for  the  purpose,  stipulating  that  a  permanent 
fire-proof  building  shall  be  erected  in  Fairmount  Park  as 
part  of  the  centennial  exposition  buildings,  to  cost  not  less 
than  one  million  five  hundred  thousand  dollars,  which  building 
shall  remain  in  Fairmount  Park  perpetually,  as  the  property 
of  the  people  of  this  Commonwealth,  for  the  preservation  and 
exhibition  of  national  and  State  relics  and  works  of  art, 
industry,  mechanicism,  and  products  of  the  soil,  mines,  et 
cetera,  of  this  State,  and  that  it  shall  be  kept  open  perpetually, 
after  the  year  Anno  Domini  one  thousand  eight  hundred  and 


2O4 

seventy-six,  for  the  improvement  and  enjoyment  of  the  peopl 
of  this  Commonwealth,  under  such  regulations  as  the  Fait 
mount  Park  commissioners  and  the  State  centennial  super 
visors  and  the  proper  representatives  of  the  city  of  Philadei 
phia  shall  from  time  to  time  prescribe ;  but  such  regulation 
shall  at  all  times  afford  equal  facilities  and  privileges  to  a' 
the  people  of  this  Commonwealth,  without  regard  to  localit} 
condition,  or  race,  which  contract  shall  be  approved  by  th 
governor  of  the  State  before  it  shall  be  deemed  valid ;  afte 
the  centennial  anniversary  exposition  shall  have  closed,  th 
said  park  commissioners  and  State  supervisors  and  the  prope 
representatives  of  the  city  of  Philadelphia  may  admit  int 
said  building  the  works  of  art,  products  of  industry,  et  ceterc* 
from  any  other  state  or  government,  under  such  regulation 
as  may  be  deemed  just  and  proper,  but  there  shall  be  n< 
discrimination  between  the  several  States  of  this  Union  no 
between  the  governments  of  the  world. 

SEC.  3.  Alexander  Henry,  J.  Gillingham  Fell,  and  Joh] 
O.  James,  of  the  city  of  Philadelphia,  William  M.  Lyon  an< 
John  H.  Shoenberger,  of  the  county  of  Allegheny,  Georg 
R.  Messersmith,  of  Franklin  county,  William  Bigler,  of  th 
county  of  Clearfield,  Ario  Pardee,  Sr.,  of  the  county  of  Lu 
zerne,  and  John  H.  Ewing,  of  the  county  of  Washington,  b 
and  they  are  hereby  appointed  State  centennial  supervisors 
who  shall,  in  addition  to  the  powers  and  duties  hereinbefor 
prescribed,  formally  approve  the  design,  plans,  and  specifica 
tions  for  said  permanent  centennial  exposition  building,  an< 
report  the  same,  with  their  approval,  to  the  governor;  am 
they  shall  formally  approve  any  contract  or  contracts  for  th 
erection  of  said  building,  and  for  materials  for  the  same,  an< 
also  report  such  contract  or  contracts,  with  their  approval,  t< 
the  governor;  and  no  part  of  the  money  hereby  appropriate* 
shall  be  paid  until  such  design,  plans,  specifications,  and  con 
tract  or  contracts  shall  have  been  officially  approved  by  sai< 
supervisors  and  so  certified  to  and  approved  by  the  governoi 
When  said  supervisors  shall  certify  to  the  governor  that  th< 
labor  done  and  materials  furnished  for  said  building  amoun 
to  the  sum  of  one  hundred  thousand  dollars,  the  governo 
shall  draw  his  warrant  on  the  State  treasurer  in  favor  of  th' 


205 

treasurer  of  the  centennial  board  of  finance  for  fifty  thousand 
dollars,  and  thereafter,  whenever  the  said  supervisors  shall 
certify  to  the  governor  that  the  additional  work  done  and 
materials  furnished  amount  to  the  sum  of  one  hundred  thou- 
sand dollars,  and  that  the  money  previously  paid  has  been 
fully  and  properly  applied,  he  shall  draw  his  warrant  in  like 
manner  for  fifty  thousand  dollars,  if  so  much  shall  remain 
unpaid,  in  accordance  with  the  stipulation  for  the  annual  pay- 
ments contained  in  the  first  section  of  this  act;  and  when  said 
supervisors  shall  certify  that  said  centennial  exposition  build- 
ing is  complete,  that  the  full  sum  of  one  million  five  hundred 
thousand  dollars  has  been  expended  on  the  same,  and  that 
the  previous  payments  have  been  fully  and  properly  applied, 
the  residue  of  one  million  dollars  shall  be  paid  as  hereinbefore 
directed,  but  no  larger  amount  shall  be  paid  during  any  one 
year  than  is  provided  in  the  first  section  of  this  act. 

SEC.  4.  Said  board  of  State  centennial  supervisors  shall 
elect  one  of  their  number  as  president  and  shall  appoint  a 
secretary,  who  shall  keep  a  record  of  the  proceedings  of  the 
board,  and  file  a  complete  duplicate  of  the  same  with  the 
governor  at  the  close  of  each  year;  any  vacancy  occurring  in 
the  board  shall  be  filled  by  the  said  board,  but  no  person  shall 
be  chosen  to  fill  any  such  vacancy  without  receiving  five 
votes;  and  any  of  said  supervisors  may  be  removed  at  any 
time  by  the  governor  on  address  of  a  majority  of  both 
branches  of  the  legislature;  said  boards  shall  not  exercise 
any  authority  or  control  over  the  centennial  exposition  build- 
ing during  the  centennial  anniversary  exposition,  but  said 
permanent  building  shall,  during  such  exposition,  be  under 
the  same  control  and  direction  of  the  United  States  centennial 
commission  as  the  other  buildings  erected  by  said  centennial 
board  of  finance. 

SEC.  5.  That  in  order  to  provide  revenue  to  enable  the  State 
to  meet  the  appropriation  hereinbefore  made  on  or  before  the 
first  day  of  July,  Anno  Domini  one  thousand  eight  hundred 
and  seventy -three,  all  street  passenger  railway  companies  now 
incorporated  in  the  city  of  Philadelphia  shall  make  return  to 
the  State  treasurer,  under  oath  of  the  proper  officers,  stating 
the  gross  receipts  of  each  of  said  companies  from  the  passage 


206 

of  this  act  until  said  return  is  made,  and  like  quarterly  return 
shall  be  made  by  said  companies  thereafter  until  the  first  da; 
of  April,  Anno  Domini  one  thousand  eight  hundred  an* 
seventy-seven,  inclusive;  and  with  each  report  there  shall  b 
be  paid  by  said  street  passenger  railway  companies  to  th 
State  treasurer  three  per  centum  of  such  gross  receipts,  whic] 
revenue  shall  be  placed  by  the  State  treasurer  to  the  credit  c 
the  centennial  anniversary  fund;  and  all  moneys  paid  by  sai< 
State  treasurer  on  account  of  the  appropriations  hereinbefor 
made  shall  be  paid  out  of  said  centennial  anniversary  fund  unti 
the  same  is  exhausted,  and  the  residue,  if  any  required  to  b< 
paid  during  any  one  year,  shall  be  paid  out  of  any  moneys  ii 
the  treasury  not  otherwise  appropriated.  On  the  first  day  o 
April,  Anno  Domini  one  thousand  eight  hundred  and  seventy 
seven,  the  tax  upon  the  gross  receipts  of  said  railroad  com 
panies  shall  cease  and  determine.  Any  of  said  street  passenge 
railway  companies  which  shall,  within  thirty  days  after  th< 
passage  of  this  act,  file  with  the  State  treasurer  an  officia 
acceptance  of  its  provisions,  shall  thereupon,  each  and  ever) 
of  them,  be  released  from  any  penalty  or  penalties  to  whicl 
they  or  any  of  them  might  be  liable  under  any  proceeding  ir 
law  or  equity  for  any  violation  of  the  provisions  of  thei; 
charters  respectively  prior  to  the  passage  of  this  act;  anc 
the  faith  of  the  State  is  hereby  pledged  to  such  accepting 
companies  that  the  legal  rate  of  fares  said  companies  are  nov 
authorized  to  collect  shall  not  be  reduced  by  legislative  enact 
ment  before  the  first  day  of  April,  Anno  Domini  one  thousanc 
eight  hundred  and  seventy-seven.  Any  street  passenge: 
railway  companies  incorporated  after  the  passage  of  this  ac 
shall  also  report  their  gross  receipts  and  pay  the  tax  on  the 
same  from  and  after  they  commence  to  carry  passengers,  a.( 
hereinbefore  provided. 


207 

AN  ACT  DECLARING  CERTAIN  ACTS  RELATING  TO  ANY 
RAILROAD  COMPANY  WITHIN  THE  BOROUGH  OF  SUS- 
QUEHANNA  DEPOT,  SUSQUEHANNA  COUNTY,  TO  BE 
UNLAWFUL. 

Approved,  roth  April,  1873.     (P.  L.,  1873,  page  jpj.) 

SECTION  i.  That  it  shall  be  unlawful  for  any  person  or  per- 
sons to  be  found-  loitering,  remaining,  or  congregating  in  or 
about  the  depot,  freight-house,  offices,  shops,  or  other  build- 
ings, or  upon  the  cars  or  engines,  or  on  the  railroad  tracks, 
yard,  or  other  grounds  used  for  railroad  purposes  belonging 
to  any  railroad  company  and  located  within  the  borough  of 
Susquehanna  Depot  and  county  of  Susquehanna,  without 
lawful  business. 

SEC.  2.  And  it  shall  and  may  be  lawful  to  arrest  such 
offender  or  offenders,  and  for  the  burgess  of  said  borough,  or 
any  justice  of  the  peace  of  the  county  aforesaid  within  said 
borough,  to  convict  such  offender  or  offenders  summarily,  in 
the  same  manner  as  provided  by  the  act  of  assembly  relating 
to  vagrants  passed  February  twenty-first,  Anno  Domini  one 
thousand  seven  hundred  and  sixty-seven,  and  thereupon  to 
impose  upon  any  such  offender  or  offenders  a  fine  not  exceed- 
ing ten  dollars  and  the  costs  of  prosecution;  and  in  case  any 
such  offender  so  convicted  as  aforesaid  shall  refuse  or  neglect 
to  pay  the  fine  so  imposed  and  the  costs  of  prosecution  as 
aforesaid,  he  shall  be  committed  by  the  said  burgess  or  justice 
of  the  peace  imposing  the  same  to  the  common  jail  of  the  said 
county  for  the  period  of  ten  days. 


AN  ACT  TO  EXTEND  TO  THE  COUNTY  OF  DELAWARE  AN 
ACT  ENTITLED  "AN  ACT  TO  PREVENT  TRESPASSING 
UPON  RAILROAD  CARS  IN  THE  COUNTY  OF  BERKS," 
APPROVED  THE  TWENTY-FIRST  DAY  OF  FEBRUARY, 
ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUNDRED  AND 
SEVENTY-TWO. 

Approved  loth  April,  1873.     (?•  L->  f87J'  PaSe  ()24>} 

SECTION  i.  That  the  provisions  of  an  act  entitled  "  An  act 
to  prevent  trespassing   upon    railroad   cars  in  the  county  of 


208 

Berks,"  approved  the  twenty-first  day  of  February,  Anr 
Domini  one  thousand  eight  hundred  and  seventy-two,  t 
and  the  same  is  hereby  extended  to  the  county  of  Delawan 
Provided,  That  any  commitment  under  this  act  shall  be  1 
the  Delaware  county  prison. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  TO  AT. 
THORIZE  CORPORATIONS  TO  ISSUE  PREFERRED  STOCK 
APPROVED  THE  THIRD  DAY  OF  APRIL,  ANNO  DOMIIv 
ONE  THOUSAND  EIGHT  HUNDRED  AND  SEVENTY-TW( 

Approved  28th  April,  1873.     (?•  •£••  f^73>  Pa£e  79-) 

SECTION  I.  That  any  company  authorized  by  the  act  t 
which  this  is  a  supplement  to  issue  preferred  stock  ma 
issue  the  same  in  different  classes,  to  be  distinguished  in  sue 
manner  as  the  directors  of  such  company  may  prescribe ;  an 
they  may  give  to  the  various  classes  such  order  of  preferenc 
in  the  payment  of  the  dividends  or  in  the  rate  of  dividenc 
thereon  or  in  the  redemption  of  the  principal  thereof  as  ma 
be  approved  by  the  holders  of  a  majority  of  the  stock  of  th 
company ;  and  the  company  shall  have  the  right  to  redeer 
its  preferred  stock  upon  such  terms  as  may  be  prescribed  i 
the  issue  thereof;  and  it  may  specifically  appropriate  for  th 
payment  of  the  dividends  upon  any  class  of  stock,  or  for  th 
redemption  of  the  principal  thereof,  the  revenues  from  an 
specific  department  of  its  business  or  the  proceeds  of  an 
specified  portions  of  its  assets  or  property :  Provided,  That  n 
injustice  shall  thereby  be  done  to  the  existing  rights  of  othe 
stockholder  or  creditors  of  the  company. 


AN  ACT  TO  AUTHORIZE  THE  REGISTRY  OR  TRANSFE] 
OF  CERTAIN  BONDS. 

Approved  ist  May,  1873.     (P.  L.,  i8j3,page  87.) 

SEC.  I.  That  bonds  issued  or  which  may  be  issued  by  th 
State  of  Pennsylvania,  or  by  any  county,  .city,  municips 
authority,  or  corporation  therein,  payable  to  bearer,  may,  at  th 


209 

option  and  at  the  expense  of  the  holder  thereof,  be  returned, 
and  new  registered  bonds,  of  the  same  or  of  a  larger  denom- 
ination, to  the  aggregate  amount  thereof,  be  issued,  payable  at 
the  same  time  and  place  as  the  bonds  so  retired,  to  the  order 
of  the  holder  of  said  registered  bonds,  and  transferable  only 
by  assignment  executed  before  and  attested  under  the  hand 
and  seal  of  some  officer  authorized  by  law  to  take  the  acknowl- 
edgments of  deeds,  which  transfer  shall  only  become  opera- 
tive against  the  corporations  aforesaid  when  noted  on  the 
transfer-book  of  the  party  or  corporation  issuing  the  bond,  and 
which  book  of  transfer  all  parties  or  corporations  issuing  such 
bonds  are  hereby  required  to  keep ;  and  for  the  interest  due 
or  to  become  due  on  the  bonds  so  retired  as  aforesaid,  it  shall 
be  lawful  for  the  obligors  to  issue  interest  certificates,  at  the 
same  rate  of  interest,  due  at  the  same  time  and  place  as  the 
original  coupons  corresponding  with  the  denominations  of  the 
registered  bonds,  and  payable  to  the  order  of  the  holder  of 
said  registered  bond. 

SEC.  2.  And  it  shall  further  be  lawful  for  any  corporate 
body  as  aforesaid,  which  shall  issue  or  may  have  issued 
coupon  bond  or  bonds  payable  to  bearer,  to  register  any  such 
original  bond  or  bonds  in  the  name  of  the  holder  thereof  and 
upon  his  or  her  request  and  at  his  or  her  expense,  and  stamp 
or  print  in  large  type,  or  write  upon  the  face  thereof,  that  the 
same  will  only  be  paid  to  the  order  of  the  registered  holder 
thereof;  and  from  and  after  such  stamping,  printing,  or  writing, 
such  bonds  shall  only  be  transferable  in  the  manner  provided 
for  in  the  first  section  of  this  act,  unless  the  holder  shall  make 
them  payable  to  bearer  by  a  properly  attested  assignment  to 
that  effect;  such  bond  shall  continue  subject  to  successive 
registrations,  limitations,  or  transfers  to  bearer,  at  the  option 
of  each  holder;  and  the  word  registered  stamped,  printed, 
or  written  upon  the  coupon  of  such  bonds  shall  be  legal  notice 
that  they  are  no  longer  payable  to  bearer,  but  to  the  order  of 
the  party  in  whose  name  the  bond  to  which  the  coupon  is 
attached  shall  be  registered,  unless  the  last  assignment  thereon, 
duly  executed,  shall  be  to  the  bearer,  in  which  event  the  coupon 
shall  be  payable,  as  in  other  cases  of  coupon  bonds,  to  bearer. 

SEC.  3.  It  shall  be  lawful  for  the  holder  or  holders  of  any 


210 

such  coupon  bonds  or  bond  payable  to  bearer  to  stamp,  prir 
or  write  on  the  face  thereof  "  Payable  to  endorsed  holder 

and  to  endorse  thereon  "Pay  to  order  of ,"  signing  hi 

her,  or  their  names  thereto  in  the  presence  of  some  offio 
authorized  to  take  the  acknowledgment  of  deeds,  who  sha 
attest  the  same  under  his  hand  and  seal,  and  said  bond  trier 
after  shall  only  be  payable  to  the  legal  holder  thereof,  or  tr 
legal  representative  of  such  holder;  such  bond  or  bonds  sha 
continue  subject  to  successive  transfers  in  the  same  manne 
and  with  like  force  and  effect,  by  the  person  thus  legall 
holding  the  same ;  and  the  holder  of  such  bond  may  stam 
print,  or  write  on  the  coupons  thereof,  "  Endorsed,"  and  sue 
stamping,  printing,  or  writing  on  the  face  and  coupons  of  sue 
bond  shall  be  notice  that  they  are  no  longer  payable  to  beare 
but  to  the  endorsed  holder  or  order  or  the  legal  represen 
atives  thereof,  unless  the  last  endorsement  shall  be  to  beare 
when  they  shall  be  payable  as  other  coupon  bonds,  to  beare 
SEC.  4.  Registrations  made,  or  to  be  made,  of  such  bone 
in  the  manner  herein  provided,  or  in  such  other  manner  i 
may  have  been  adopted  between  the  makers  and  holde: 
thereof,  shall  be  valid ;  and  the  provisions  of  this  act  shall  n< 
be  construed  as  repealing  special  enactments  in  regard  to  tf 
transfer  of  bonds  of  any  corporation,  nor  shall  the  transfer  < 
any  bond  or  bonds  in  the  manner  herein  provided  impair  an 
security  or  the  lien  of  any  mortgage  which  may  have  bee 
given  to  secure  the  payment  thereof,  or  the  rights,  duties,  an 
powers  of  any  trustee  in  relation  thereto. 


AN  ACT  AUTHORIZING  DIRECTORS    OF    RAILROAD    CON 
PANIES  TO  ELECT  VICE-PRESIDENTS. 

Approved $th  June,  i8?j.     (P.  L.,  1874,  page  331.*) 

SECTION  i.  That  it  shall  be  lawful  for  the  directors  of  an 
railroad  company  incorporated  by  the  laws  of  this  Commoi 
wealth  to  elect  from  among  their  number  a  vice-president  ( 
vice-presidents  and  prescribe  their  duties. 


211 

A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  REGU- 
LATING LATERAL  RAILROADS,"  APPROVED  THE  FIFTH 
DAY  OF  MAY,  ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  THIRTY-TWO,  IN  THE  COUNTY  OF 
ARMSTRONG. 

Approved  6th  June,  1873.     (f-  £•>  f^74t  PaSe  4*7') 


SECTION  i.  That  the  provisions  of  the  act  to  which  this  is  a 
supplement  shall  be  extended  to  embrace  owners  of  furnaces 
and  all  kinds  of  manufacture  of  iron,  so  that  such  owners  may 
erect  lateral  railroads  from  their  works  to  their  mines,  in  the 
same  manner  as  if  they  were  connecting  their  mines  with  a 
railroad. 

SEC.  2.  That  the  provisions  of  said  act  shall  also  apply  to 
navigable  streams,  so  that  owners  of  land  may  construct  lateral 
roads  from  their  mines  to  all  navigable  streams  under  the 
provisions  of  the  act  to  which  this  is  a  supplement:  Provided, 
That  the  provisions  of  this  act  shall  only  apply  to  the  county 
of  Armstrong. 


AN  ACT  TO  AUTHORIZE  MARRIED  WOMEN  OWNING 
LOANS  OF  THIS  COMMONWEALTH  OR  OF  THE  CITY  OF 
PHILADELPHIA,  OR  CAPITAL  STOCK  OF  ANY  CORPORA- 
TION OF  THIS  COMMONWEALTH,  TO  SELL  AND  TRANS- 
FER THE  SAME. 

Approved  ist  April,  1874.     (P.  L.,  1874,  page  49.} 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  married 
woman  owning  any  of  the  loans  of  this  Commonwealth  or  of 
the  city  of  Philadelphia,  or  any  share  or  shares  of  the  capital 
stock  of  any  corporation  created  by  or  under  the  laws  of  this 
Commonwealth,  to  sell  and  transfer  the  same  with  like  effect 
as  if  she  were  unmarried. 


212 

AN  ACT  TO  PROVIDE  FOR  THE  MANNER  OF  INCREASINC 
THE  CAPITAL  STOCK  AND  INDEBTEDNESS  OF  COR 
PORATIONS. 

Approved  i8th  April,  1874.     (P.  L.,  1874,  page  61.) 

SECTION  I.  That  the  capital  stock  or  indebtedness  of  an; 
corporation  may  be  increased  from  time  to  time  by  the  con 
sent  of  the  persons  or  bodies  corporate  holding  the  large 
amount  in  value  of  the  stock  of  such  company,  to  such  amoun 
as  such  corporation  is  by  law  authorized  to  increase  its  capita 
stock  or  indebtedness:  Provided,  That  no  corporation  sha 
increase  the  amount  of  its  indebtedness  beyond  the  amour 
of  its  capital  stock  subscribed  until  the  amount  of  its  capita 
stock  subscribed  shall  be  fully  paid  in. 

SEC.  2.  That  any  corporation  desirous  of  increasing  it 
capital  stock  or  indebtedness  as  provided  by  this  act  shall,  b 
a  resolution  of  its  board  of  directors,  call  a  meeting  of  it 
stockholders  therefor,  which  meeting  shall  be  held  at  its  chit 
office  or  place  of  business  in  this  Commonwealth,  and  notic 
of  the  time,  place,  and  object  of  said  meeting  shall  be  publishe 
once  a  week  for  sixty  days  prior  to  such  meeting  in  at  lea.' 
one  newspaper  published  in  the  county,  city,  or  boroug 
wherein  such  office  or  place  of  business  is  situate. 

SEC.  3.  At  the  meeting  called  pursuant  to  the  second  sectio 
of  this  act,  an  election  of  the  stockholders  of  such  corpo] 
ation  shall  be  taken  for  or  against  such  increase,  which  sha 
be  conducted  by  three  judges,  stockholders  of  said  corporatioi 
appointed  by  the  board  of  directors  to  hold  said  electioi 
and  if  one  or  more  of  said  judges  be  absent,  the  judge  c 
judges  present  shall  appoint  a  judge  or  judges  who  shall  a< 
in  the  place  of  the  judge  or  judges  absent,  and  who  shall  r< 
spectively  take  and  subscribe  an  oath  or  affirmation,  before  a 
officer  authorized  by  law  to  administer  the  same,  well  an 
truly  and  according  to  law  to  conduct  such  elections  to  th 
best  of  their  ability;  and  the  said  judges  shall  decide  upon  th 
qualification  of  voters,  and  when  the  election  is  closed  coui 
the  number  of  shares  voted  for  and  against  such  increase,  an 
declare  whether  the  persons  or  bodies  corporate  holding  tt 


213 

larger  amount  of  the  stock  of  such  corporation  have  con- 
sented to  such  increase  or  refused  to  consent  thereto,  and  shall 
make  out  duplicate  returns  of  said  election,  stating  the  number 
of  shares  of  stock  that  voted  for  such  increase  and  the  number 
that  voted  against  such  increase,  and  subscribe  and  deliver  the 
same  to  one  of  the  chief  officers  of  said  company. 

SEC.  4.  Each  ballot  shall  have  endorsed  thereon  the  number 
of  shares  thereby  represented,  but  no  share  or  shares  trans- 
ferred within  sixty  days  shall  entitle  the  holder  or  holders 
thereof  to  vote  at  such  election  or  meeting,  nor  shall  any 
proxy  be  received  or  entitle  the  holder  to  vote  Xmless  the 
same  shall  bear  date  and  have  been  executed  within  three 
months  next  preceding  such  election  or  meeting;  and  it  shall 
be  the  duty  of  such  corporation  to  furnish  the  judges  at  said 
meeting  with  a  statement  of  the  amount  of  its  capital  stock, 
with  the  names  of  persons  or  bodies  corporate  holding  the 
same,  and  number  of  shares  by  each  respectively  held,  which 
statement  shall  be  signed  by  one  of  the  chief  officers  of  such 
corporation,  with  an  affidavit  thereto  annexed  that  the  same 
is  true  and  correct  to  the  best  of  his  knowledge  and  belief. 

SEC.  5.  That  it  shall  be  the  duty  of  such  corporation,  if 
consent  is  given  to  such  increase,  to  file  in  the  office  of  the 
secretary  of  the  Commonwealth,  within  thirty  days  after  such 
election  or  meeting,  one  of  the  copies  of  the  return  of  such 
election  provided  for  by  the  third  section  of  this  act,  with  a 
copy  of  the  resolution  and  notice  calling  the  same  thereto 
annexed,  and  upon  the  increase  of  the  capital  stock  or  indebt- 
ness  of  such  corporation,  made  pursuant  thereto,  it  shall  be 
the  duty  of  the  president  or  treasurer  of  such  corporation, 
within  thirty  days  thereafter,  to  make  a  return  to  the  secre- 
tary of  the  Commonwealth,  under  oath,  of  the  amount  of  such 
increase,  and  in  case  of  neglect  or  omission  so  to  do  such  cor- 
poration shall  be  subject  to  a  penalty  of  five  thousand  dollars, 
which  penalty  shall  be  collected  on  an  account  settled  by  the 
auditor-general  and  State  treasurer  as  accounts  for  taxes  due 
the  Commonwealth  are  settled  and  collected.  And  the  secre- 
tary of  the  Commonwealth  shall  cause  said  return  to  be 
recorded  in  a  book  kept  for  that  purpose,  and  furnish  a  certi- 
fied copy  of  the  same  to  the  auditor-general. 


214 

SEC.  6.  That  every  corporation  shall  within  sixty  days, 
when  requested  by  the  auditor-general,  render  to  him  a  report 
under  the  oath  of  its  president  or  treasurer,  of  the  amount  oi 
capital  stock  or  bond  indebtedness  issued  pursuant  to  the 
provisions  of  this  act,  showing,  in  case '  of  stock,  to  whom 
issued  and  the  price  or  consideration  received  therefor,  amount 
received,  and  from  whom  in  money,  in  labor,  and  in  other 
property,  and,  if  so  requested,  a  detailed  statement  of  the 
character,  value,  and  situation  of  the  property  so  received,  and 
in  case  of  refusal  or  neglect  so  to  do,  shall  be  subject  to  a 
penalty  of  five  thousand  dollars  for  each  and  every  thirty  days 
thereafter  such  corporation  shall  refuse  or  neglect  to  make 
such  report,  which  penalty  or  penalties  shall  be  collected  on 
an  account  or  accounts  settled  from  time  to  time  by  the 
auditor-general  and  State  treasurer  as  accounts  for  taxes  due 
the  Commonwealth  are  settled  and  collected. 

SEC.  7.  That  every  company,  except  railroad,  canal,  turn- 
pike, bridge,  or  cemetery  companies,  and  companies  incor- 
porated for  literary,  charitable,  or  religious  purposes,  which 
shall  increase  its  capital  stock  under  the  provisions  of  this  act, 
shall  pay  to  the  State  treasurer,  for  the  use  of  the  Common- 
wealth, a  bonus  of  one-quarter  of  one  per  centum  upon  the 
amount  of  said  increase,  in  two  installments,  the  first  to  be 
due  upon  the  filing  of  the  certificate  required  by  the  preceding 
section  of  this  act  to  be  filed  in  the  office  of  the  secretary  of 
the  Commonwealth,  and  the  second  installment  one  year 
thereafter :  Provided,  That  nothing  in  this  act  shall  be  con- 
strued to  reduce  the  amount  of  bonus  to  be  paid  by  any 
company  having  in  its  charter  a  special  provision  requiring 
the  payment  of  a  bonus  at  a  higher  rate  than  one-quarter  of 
one  per  centum. 

SEC.  8.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


215 

AN  ACT  TO  ENABLE  THE  OFFICERS  OF  DISSOLVED  COR- 
PORATIONS TO  CONVEY  REAL  ESTATE  HELD  BY  SUCH 
CORPORATIONS. 

Approved  zoth  April,  1874.     (P.  L.,  1874,  page  fso.) 

SECTION  I.  That  whensoever  it  has  occurred  or  shall  happen 
that  any  corporation  has  been  or  shall  be  dissolved,  owning 
lands  or  other  real  estate  in  this  Commonwealth  at  the  time 
of  dissolution,  whether  by  decree  of  court  or  expiration  of 
time  or  otherwise,  it  shall  be  lawful  for  the  officers  last  in 
office,  if  in  life,  or  any  trustee  to  be  appointed  for  the  purpose 
by  the  court  of  common  pleas  of  the  county  where  the  real 
estate  is  or  shall  be  located,  on  the  petition  to  such  court  by 
majority  in  amount  and  value  of  all  the  shareholders  or  corpo- 
rators, and  upon  giving  security  in  double  the  probable  value 
of  the  real  estate  to  be  sold,  (said  security  to  be  approved  by 
the  court),  together  with  such  notice  as  the  said  court  may 
require  to  be  given  to  all  not  represented  by  petition  or  answer, 
by  actual  service  or  advertisement,  to  make  conveyance  of 
such  real  estate  in  absolute  fee  simple,  under  such  decree  as 
the  said  court  may  make  for  the  sale,  either  public  or  private ; 
and  the  proceeds  of  sale  shall  be  applied  or  distributed  by  the 
party  or  parties  so  making  sale,  as  part  of  the  effects  of  the 
defunct  corporation,  to  creditors  or  shareholders,  as  the  said 
court  may  adjudge  them  to  be  entitled.  And  if  such  corpo- 
ration had  made  sale  of  real  estate  and  had  not  conveyed  the 
same,  such  court  may  decree  conveyance  in  specific  execution 
of  such  contract  in  manner  aforesaid. 


AN  ACT  TO  PROHIBIT  FOREIGN  CORPORATIONS  FROM 
DOING  BUSINESS  IN  PENNSYLVANIA  WITHOUT  KNOWN 
PLACES  OF  BUSINESS  AND  AUTHORIZED  AGENTS. 

Approved  22d  April,  1874.      (p-  L-  l874<  PaSe  IoS-} 

SECTION  I.  That  from  and  after  the  passage  of  this  act  no 
foreign  corporation  shall  do  any  business  in  this  Common- 
wealth until  said  corporation  shall  have  established  an  office 
or  offices  and  appoint  an  agent  or  agents  for  the  transaction 
of  its  business  therein. 


216 

SEC.  2.  It  shall  not  be  lawful  for  any  such  corporation  to  dc 
any  business  in  this  Commonwealth  until  it  shall  have  filed  ir 
the  office  of  the  secretary  of  the  Commonwealth  a  statement 
under  the  seal  of  said  corporation  and  signed  by  the  presi- 
dent or  secretary  thereof,  showing  the  title  and  object  of  saic 
corporation,  the  location  of  its  office  or  offices,  and  the  name 
or  names  of  its  authorized  agent  or  agents  therein;  and  the 
certificate  of  the  secretary  of  the  Commonwealth,  under  the 
seal  of  the  Commonwealth,  of  the  filing  of  such  statement 
shall  be  preserved  for  public  inspection  by  each  of  said  agent4 
in  each  and  every  of  said  offices. 

SEC.  3.  Any  person  or  persons,  agent,  officer,  or  employee 
of  any  such  foreign  corporation  who  shall  transact  any  business 
within  this  Commonwealth  for  any  such  foreign  corporatior 
without  the  provisions  of  this  act  being  complied  with  shal 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereo 
shall  be  punished  by  imprisonment  not  exceeding  thirty  days 
and  by  fine  not  exceeding  one  thousand  dollars,  or  either,  at 
the  discretion  of  the  court  trying  the  same. 


AN  ACT  FOR  THE  TAXATION  OF  CORPORATIONS. 

Approved  24th  April,  1874.     (P.  L.,  1874,  page  68.} 

SECTION  i.  That  hereafter  no  institution  or  company  incor- 
porated by  or  under  any  law  of  this  Commonwealth,  general 
or  special,  or  of  any  other  State  and  authorized  to  do  business 
in  this  Commonwealth,  shall  go  into  operation  without  first 
having  the  name  of  the  institution  or  company,  the  date  oi 
incorporation,  the  act  of  assembly  under  which  incorporated, 
the  place  of  business,  the  amount  of  capital  paid  in,  and  the 
names  of  the  president  and  treasurer  of  the  same,  registered 
in  the  office  of  the  auditor-general.  And  any  such  institution 
or  company  which  shall  neglect  or  refuse  to  comply  with  the 
provisions  of  this  section  shall  be  subject  to  a  penalty  of  five 
hundred  dollars,  which  penalty  shall  be  collected  on  an 
account  settled  by  the  auditor-general  and  State  treasurer  in 
the  same  manner  as  taxes  on  stock  are  settled  and  collected. 


SEC.  2.  That  hereafter  it  shall  be  the  duty  of  the  president 
or  treasurer  of  every  company  now  or  hereafter  incorporated 
by  or  under  any  law  of  this  Commonwealth,  except  banks  and 
saving  institutions,  and  of  every  company  now  or  hereafter 
incorporated  by  any  other  State  and  doing  business  in  this 
Commonwealth,  which  is  taxable  under  the  laws  of  this  State, 
to  make  report  in  writing  to  the  auditor-general  annually,  in 
the  month  of  November,  stating  specifically  the  amount  of 
capital  paid  in,  the  date,  amount,  and  rate  per  centum  of  each 
and  every  dividend  declared  by  their  respective  corporations 
during  the  year  ending  with  the  first  Monday  of  said  month; 
and  in  all  cases  where  any  such  company  shall  fail  to  make 
and  declare  any  dividend  upon  either  its  common  or  preferred 
stock  during  the  year  ending  as  aforesaid,  the  treasurer  and 
secretary  thereof,  after  being  duly  sworn  or  affirmed  to  do  and 
perform  the  same  with  fidelity  according  to  the  best  of  their 
knowledge  and  belief,  shall,  between  the  first  and  fifteenth  days 
of  November  of  each  year  in  which  no  dividend  has  been 
declared  as  aforesaid,  estimate  and  appraise  the  capital  stock 
of  such  company  upon  which  no  dividend  has  been  made  or 
declared  at  its  value,  not  less  than  the  average  price  which 
said  stock  sold  for  during  said  year,  and  when  the  same 
shall  have  been  so  truly  estimated  and  appraised,  they  shall 
forthwith  forward  to  the  auditor-general  a  certificate  thereof, 
accompanied  by  a  copy  of  their  said  oath  or  affirmation,  by 
them  signed,  and  attested  by  the  magistrate  or  other  person 
qualified  to  administer  the  same  :  Provided,  That  if  the  auditor- 
general  or  State  treasurer,  or  either  of  them,  is  not  satisfied 
with  the  valuation  so  made  and  returned,  they  are  hereby 
authorized  and  empowered  to  make  a  valuation  thereof,  and 
to  settle  an  account  upon  the  valuation  so  by  them  made^for 
the  taxes,  penalties,  and  interest  due  Commonwealth  thereon; 
and  any  corporation  dissatisfied  with  such  settlement  may 
appeal  therefrom,  as  is  now  provided  by  law  for  appeals,  from 
the  settlement  of  accounts  by  the  auditor-general  and  State 
treasurer. 

SEC.  3.  That  if  the  said  officers  of  any  such  company  or 
corporation  shall  neglect  or  refuse  to  furnish  the  auditor- 
general,  on  or  before  the  thirty-first  day  of  December  in  each 


218 

and  every  year,  with  the  report  aforesaid  or  the  report  and 
appraisement,  as  the  case  may  be,  as  required  by  the  second 
section  of  this  act,  it  shall  be  the  duty  of  the  accounting 
officers  of  the  Commonwealth  to  add  ten  per  centum  to  the 
tax  of  said  corporation  for  each  and  every  year  for  which  such 
report  or  report  and  appraisement  were  not  so  furnished,  which 
precentage  shall  be  settled  and  collected  with  the  said  tax  in 
the  usual  manner  of  settling  accounts  and  collecting  such  taxes : 
Provided,  That  if  said  officers  of  any  such  company  or  corpo- 
ration shall  intentionally  fail  to  comply  with  the  provisions  of 
the  second  section  of  this  act  for  three  successive  years,  the 
auditor-general  shall  report  the  fact  to  the  governor,  who,  if 
he  shall  be  made  satisfied  such  failure  was  intentional,  shall 
thereupon  by  proclamation  declare  the  charter  of  said  com- 
pany or  corporation  forfeited  and  its  chartered  privileges  at  an 
end,  whereupon  the  same  shall  cease,  end,  and  be  determined. 

SEC.  4.  That  every  railroad  company,  canal  company,  steam- 
boat company,  slack-water  navigation  company,  transportation 
company,  street  passenger  railway  company,  and  every  other 
company,  now  or  hereafter  incorporated  by  or  under  any  law 
of  this  Commonwealth,  or  now  or  hereafter  incorporated  by 
any  other  State  and  doing  business  in  this  Commonwealth, 
and  owning,  operating,  or  leasing  to  or  from  another  corpo- 
ration or  company  any  railroad,  canal,  slack-water  navigation, 
or  street  passenger  railway,  or  device  for  the  transportation  of 
freight  or  passengers,  or  in  any  way  engaged  in  the  transporta- 
tion of  freight  or  passengers,  shall  be  subject  to  and  pay  a  tax 
into  the  treasury  of  the  Commonwealth,  annually,  at  the  rate 
of  nine-tenths  of  one  mill  upon  its  capital  stock  for  each  one 
per  cent,  of  dividend  made  or  declared  by  such  company ;  and 
in  case  of  no  dividend  being  made  or  declared  by  such  com- 
pany upon  either  its  common  or  perferred  stock,  then  six 
mills  upon  a  true  valuation  of  the  capital  stock  of  the  same 
upon  which  no  dividend  has  been  made  or  declared,  made  in 
accordance  with  the  provisions  of  the  third  section  of  this  act. 

SEC.  5.  That  every  company  whatever  now  or  hereafter 
incorporated  under  any  law  of  this  Commonwealth,  or  now  or 
hereafter  incorporated  by  any  other  State  and  doing  business 
in  this  Commonwealth,  except  those  upon  which  a  tax  is 


2I9 

imposed  by  the  fourth  section  of  this  act,  and  excepting  also 
banks  and  savings  institutions,  building  associations,  and  foreign 
insurance  companies  licensed  in  pursuance  of  the  general  acts 
in  relation  thereto,  shall  be  subject  to  and  pay  a  tax  into  the 
treasury  of  the  Commonwealth,  annually,  at  the  rate  of  one- 
half  mill  upon  its  capital  stock  for  each  one  per  cent,  of 
dividend  made  or  declared  by  such  company;  and  in  case  of 
no  dividend  being  made  or  declared  by  such  company  upon 
either  its  common  or  preferred  stock,  then  three  mills  upon  a 
true  valuation  of  the  capital  stock  of  the  same  upon  which 
no  dividend  has  been  made  or  declared,  made  in  accordance 
with  the  provisions  of  the  third  section  of  this  act. 

SEC.  6.  That  it  shall  be  the  duty  of  the  treasurer  or  other 
officer  having  charge  of  any  company  upon  which  a  tax  is 
imposed  by  either  of  the  fourth  or  fifth  sections  of  this  act  to 
transmit  the  amount  .of  said  tax  to  the  treasury  of  the 
Commonwealth  within  fifteen  days  from  the  thirty-first  day  of 
December  in  each  and  every  year;  and  if  any  company  shall 
neglect  or  refuse  to  pay  the  tax  hereinbefore  required  to  be 
paid,  the  directors,  managers,  or  treasurer  thereof  for  the 
time  being  shall  be  jointly  and  severally  liable  in  their 
individual  capacity  for  the  payment  thereof,  and  the  same  may 
be  sued  for  and  recovered,  under  the  direction  of  the  State 
treasurer,  as  other  debts  of  like  amount  due  the  Common- 
wealth are  recoverable :  Provided,  That  the  remedy  against  the 
directors,  managers,  or  treasurer  in  their  individual  capacity 
shall  not  prevent  the  Commonwealth  from  proceeding  against 
the  corporation  by  any  process  provided  by  law. 

SEC.  7.  That  every  company  incorporated  or  organized 
by  or  under  any  law  of  this  Commonwealth,  or  incorporated 
or  organized  by  or  under  any  law  of  any  other  State  and 
doing  business  in  this  Commonwealth,  which  possesses  the 
corporate  right  or  privilege  to  mine  or  to  purchase  and  sell 
coal,  shall,  semi-annually,  upon  the  first  days  of  July  and 
January  in  each  and  every  year,  make  report,  under  oath  or 
affirmation,  to  the  auditor-general  of  the  number  of  tons  of 
coal  mined  during  the  six  months  preceding  the  said  first  day 
of  July  and  January  by  such  company,  and  also  of  the  num- 
ber of  tons  of  coal  that  shall  be  mined  by  any  incorporated 


220 

association,  partnership,  or  individual  under  any  lease,  con- 
tract, grant,  or  mining  privilege,  upon  the  property  of  which 
the  company  making  such  report  is  the  owner  or  lessee  or 
has  any  mining  or  coal  privilege  or  interest  therein,  and  also 
of  the  number  of  tons  not  mined  as  aforesaid  which  shall 
have  been  purchased  during  the  same  period  by  the  said 
company,  and  shall  pay  into  the  treasury  of  the  Common- 
wealth an  additional  tax  upon  its  corporate  franchises  created 
by  or  used  within  this  Commonwealth,  at  the  rate  of  three 
cents  upon  each  and  every  ton  of  two  thousand  two  hundred 
and  forty  pounds  of  coal  so  mined  or  purchased  as  aforesaid : 
Provid-edy  That  the  amount  of  coal  consumed  in  the  trans- 
action of  its  business  by  any  such  company  shall  not  be 
included  in  its  return  :  And  provided  further,  That  said  tax 
shall  not  be  payable  more  than  once  in  respect  of  the  same 
ton  of  coal :  And  provided  also,  That  if  any  such  company 
shall  neglect  or  refuse  for  a  period  of  thirty  days  after  such 
tax  becomes  due  to  make  said  return  or  to  pay  the  same,  the 
amount  thereof,  with  an  addition  of  ten  per  centum  thereto, 
shall  be  collected  for  the  use  of  the  Commonwealth  as  other 
taxes  are  recoverable  by  law  from  said  companies. 

SEC.  8.  That  the  taxes  imposed  by  the  fourth  section  of  this 
act,  and  the  revenues  derived  therefrom,  shall  be*  assigned  to 
the  sinking  fund  of  this  Commonwealth,  and  all  other  taxes 
imposed  by  this  act,  and  the  revenues  derived  therefrom,  shall 
be  applicable  to  the  payment  of  the  ordinary  and  current 
expenses  of  the  government. 

SEC.  9.  That  the  auditor-general  and  State  treasurer,  or 
any  agent  appointed  by  them  or  either  of  them,  are  hereby 
authorized  to  examine  the  books  and  papers  of  any  corpora- 
tion, institution,  or  company,  to  verify  the  accuracy  of  any 
return  made  under  the  provisions  of  this  or  any  other  act  of 
assembly. 

SEC.  10.  That  in  the  settlement  by  the  auditor-general  and 
State  treasurer  of  all  accounts  for  taxes  due  the  Common- 
wealth, they  shall  charge  interest  upon  the  balance  or  balances 
found  due  the  Commonwealth  at  the  rate  of  twelve  per 
centum  per  annum,  from  the  time  said  balances  became  due 
and  payable  to  the  time  of  the  settlement  of  the  same,  and  all 


221 

balances  due  the  Commonwealth  on  accounts  settled  by  the 
auditor-general  and  State  treasurer  shall  bear  interest  from 
sixty  days  after  the  date  of  settlement  at  the  rate  of  twelve 
per  centum  per  annum  until  the  same  are  paid,  and  any  judg- 
ment recovered  thereon  shall  bear  interest  at  the  rate  of  twelve 
per  centum  per  annum  until  paid,  and  the  payment  of  interest 
as  aforesaid  shall  not  relieve  any  corporation  from  any  of  the 
penalties  or  commissions  prescribed  by  law  for  neglect  or 
refusal  to  furnish  reports  to  the  auditor-general  or  to  pay  any 
claim  due  to  the  Commonwealth  from  such  corporation. 

SEC.  1 1.  That  all  laws  or  parts  of  laws  inconsistent  herewith, 
and  the  first,  second,  third,  fourth,  seventh,  eighth,  and  ninth 
sections  of  an  act  entitled  "An  act  to  revise,  amend,  and 
consolidate  the  several  laws  taxing  corporations,  brokers,  and 
bankers,"  approved  -the  first  day  of  May,  Anno  Domini  one 
thousand  eight  hundred  and  sixty-eight,  and  the  fourth  section 
of  an  act  entitled  "An  act  relating  to  the  revenues  of  the 
Commonwealth,"  approved  the  twenty-first  day  of  March, 
Anno  Domini  one  thousand  eight  hundred  and  seventy-three, 
be  and  the  same  are  hereby  repealed;  saving,  reserving,  and 
excepting  unto  the  Commonwealth  the  right  to  collect  any 
taxes  accrued  or  accruing  under  any  of  said  sections  or  acts 
prior  to  the  repeal  of  the  same :  Provided,  however,  The  repeal 
of  the  aforesaid  first,  second,  third,  fourth,  seventh,  eighth, 
and  ninth  sections  of  the  act  entitled  "An  act  to  revise, 
amend,  and  consolidate  the  several  laws  taxing  corporations, 
brokers,  and  bankers,"  approved  the  first  day  of  May,  Anno 
Domini  one  thousand  eight  hundred  and  sixty-eight,  and  the 
repeal  of  the  aforesaid  fourth  section  of  an  act  entitled  "An 
act  relating  to  the  revenues  of  the  Commonwealth,"  approved 
the  twenty-first  day  of  March,  Anno  Domini  one  thousand 
eight  hundred  and  seventy-three,  shall  not  have  the  effect  of 
reimposing  any  tax  heretofore  repealed  by  any  of  said  sections : 
Provided  further,  That  on  all  payments  made  of  taxes  accrued 
under  the  aforesaid  fourth  section  of  the  act  approved  the 
twenty-first  day  of  March,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-three,  entitled  "An  act  relating  to  the 
revenues  of  the  Commonwealth,"  no  interest  or  penalty  shall 
be  charged,  and  an  abatement  of  five  per  centum  shall  be 


222 

allowed  when  such  payment  shall  be  made  within  thirty  days 
after  the  date  of  the  approval  of  this  act,  and  the  repeal  of  the 
said  fourth  section  mentioned  in  this  proviso  shall  take'efTect 
as  of  the  first  day  of  January,  Anno  Domini  one  thousand 
eight  hundred  and  seventy-four,  reserving,  however,  unto 
the  Commonwealth  the  right  to  collect  any  and  all  taxes 
accruing  under  said  fourth  section  prior  to  the  date  of  repeal 
as  aforesaid. 


AN  ACT  RELATING  TO  THE  TRANSPORTATION  OF  EX- 
PLOSIVE OR  DANGEROUS  MATERIAL. 

Approved  6th  May,  1874.     (P.  L.,  1874,  Pa£e  121.} 

SECTION  i.  That  if  any  person  shall  knowingly  deliver  or 
cause  to  be  delivered  to  any  canal,  railroad,  steamboat,  or 
other  transportation  company,  or  to  any  person,  firm,  or  corpo- 
ration engaged  in  the  business  of  transportation,  any  nitro- 
glycerine, dualih,  dynamite,  gunpowder,  mining  or  blasting 
powder,  gun  cotton,  phosphorus,  or  other  explosive  material 
adapted  for  blasting  or  for  any  other  purpose  for  which  the 
articles  before  mentioned,  or  any  of  them,  may  be  used,  under 
any  false  or  deceptive  invoice  or  description,  or  without 
informing  such  person,  firm,  or  corporation  in  writing,  at  or 
before  the  time  when  such  delivery  is  made,  of  the  true  nature 
of  such,  and  without  having  the  keg,  barrel,  can,  or  package 
containing  the  same  plainly  marked  with  the  name  of  the 
explosive  material  therein  contained,  together  with  the  word 
" dangerous"  article,  such  person  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  sentenced  to 
imprisonment  for  thirty  days  and  to  pay  a  fine  of  one  hun- 
dred dollars,  and  shall  be  responsible  for  all  damages  to 
persons  or  property  directly  or  indirectly  resulting  from  the 
explosion  or  combustion  of  any  such  article. 

SEC.  2.  It  shall  and  may  be  lawful  for  any  officer  or  agent 
of  any  person,  firm,  or  corporation  engaged  in  the  business  of 
transportation,  upon  affidavit  made  of  the  fact  that  any  pack- 
age tendered  for  transportation,  not  in  compliance  with  the 
provisions  of  the  first  section  hereof,  is  believed  to  contain 
explosive  material  such  as  aforesaid,  to  require  such  package 


223 

to  be  opened,  and  to  refuse  to  receive  any  such  package  unless 
such  requirement  be  complied  with ;  and  if  such  package  be 
opened  and  found  to  contain  any  explosive  material,  the  said 
package  and  its  contents  shall  be  forthwith  removed  to  any 
lawful  place  for  the  storing  of  gunpowder ;  and,  after  convic- 
tion of  the  offender,  or  after  three  months  from  such  removal, 
the  said  package,  with  its  contents,  shall  be  sold  at  public 
sale,  after  the  expiration  of  ten  days  from  notice  of  the  time 
and  place  of  such  sale  published  in  one  newspaper  in  the 
county  where  such  seizure  shall  have  been  made ;  and  the 
proceeds  of  such  sale,  after  deducting  therefrom  the  expenses 
of  removal,  storage,  advertisement,  and  sale,  shall  be  paid  into 
the  treasury  of  the  said  county. 


A  SUPPLEMENT  TO  AN  ACT  FOR  THE  BETTER  PRO- 
TECTION OF  THE  WAGES  OF  MECHANICS,  MINERS, 
LABORERS,  AND  OTHERS,  APPROVED  THE  NINTH  DAY 
OF  APRIL,  ANNO  DOMINI  ONE  THOUSAND  EIGHT  HUN- 
DRED AND  SEVENTY-TWO. 


Approved  8th  May,  1874.     (p-  L~>  l874>  PaSe  I2O>} 

SECTION  i.  That  the  proviso  to  the  fourth  section  of  an  act 
entitled  "  An  act  for  the  better  protection  of  the  wages  of  me- 
chanics, miners,  laborers,  and  others,  approved  the  ninth  day 
of  April,  Anno  Domini  one  thousand  eight  hundred  and 
seventy-two,"  shall  not  hereafter  be  so  construed  as  to  in  any 
manner  apply  to  coal-lease  mortgage  or  mortgages,  or  to 
make  the  same  a  lien  preferred  to  the  lien  of  the  wages  of 
labor  mentioned  in  said  act,  but  that  such  claim  of  wages 
shall  be  a  lien  preferred  thereto. 

SEC.  2.  That  the  last  proviso  of  the  first  section  of  said  act, 
which  is  as  follows  :  —  "  No  such  claim  shall  be  a  lien  upon 
any  real  estate  unless  the  same  be  filed  in  the  prothonotary's 
office  of  the  county  in  which  such  real  estate  is  situated, 
within  three  months  after  the  same  becomes  due  and  owing, 
in  the  same  manner  as  mechanics'  liens  are  now  filed,"  be  and 
the  same  is  hereby  repealed. 

SEC.  3.  That  all  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 


224 

AN  ACT  RELATIVE  TO  SERVICE  OF  PROCESS  UPON 
THE  STOCKHOLDERS  OF  CORPORATIONS  IN  ACTIONS 
BROUGHT  TO  CHARGE  THE  STOCKHOLDERS  FOR  DEBTS 
OF  THE  CORPORATION  OR  FOR  UNPAID  INSTALLMENTS 
UPON  THEIR  STOCK. 

Approved  ijth  May,  1874.     (P.  L.,  1874,  page  146.) 

SECTION  i.  That  in  all  actions  or  proceedings  now  or  here- 
after brought  or  instituted  in  any  county  within  this  Common- 
wealth to  charge  the  stockholders  of  .any  corporation  with 
any  of  the  debts  of  such  corporation  or  to  enforce  payment  of 
installments  due  upon  stock,  service  of  summons  or  other 
process  may  be  made  upon  the  stockholders  resident  within 
such  county  in  the  same  manner  as  writs  of  summons  are 
now  directed  to  be  served,  and  upon  those  residing  in  other 
counties  of  this  Commonwealth  by  the  sheriff  of  the  county  in 
which  they  may  respectively  reside,  and  upon  those  non- 
residents of  this  Commonwealth  by  publication  for  four 
successive  publications  in  a  newspaper  published  within  the 
county  where  such  action  or  proceeding  is  brought  or  insti- 
tuted and  also  in  the  State  in  which  such  non-residents  may 
reside,  as  the  court  from  which  such  action  or  proceedings 
shall  issue  may  direct,  and  a  copy  of  such  publication  shall  be 
mailed  to  the  post-office  address  of  such  non-resident  stock- 
holders, if  such  address  can  be  ascertained. 


AN  ACT  TO  ENFORCE  THE  SIXTH  SECTION  OF  THE 
SEVENTEENTH  ARTICLE  OF  THE  CONSTITUTION  OF 
THIS  COMMONWEALTH,  PROVIDING  THAT  NO  PRESI- 
DENT, DIRECTOR,  AGENT,  OR  EMPLOYEE  OF  ANY  RAIL- 
ROAD OR  CANAL  COMPANY  SHALL  BE  INTERESTED  IN 
THE  FURNISHING  OF  MATERIAL  OR  SUPPLIES  TO 
SUCH  COMPANY  OR  IN  THE  BUSINESS  OF  TRANSPOR- 
TATION AS  A  COMMON  CARRIER  OF  FREIGHT  OR  PAS- 
SENGERS OVER  THE  WORKS  OWNED,  LEASED,  CON- 
TROLLED, OR  WORKED  BY  SUCH  COMPANY. 

Approved  i$th  May,  1874.     (P.  Z,.,  1874,  page  178.) 

SECTION  i.  That  no  president,  director,  officer,  agent,  or 
employee  of  any  railroad  or  canal  company  of  this  Common- 
wealth shall  hereafter  be  interested  in  any  contract  for  the 


225 

furnishing  of  materials  or  supplies  to  any  such  railroad  or 
canal  company,  and  it  shall  not  be  lawful  for  such  president, 
director,  officer,  agent,  or  employee  to  institute  or  maintain 
any  action  at  law  or  suit  in  equity  to  recover  under  such  con- 
tract for  his  or  their  interest  therein  :  Provided,  however,  That 
all  rights  under  bona  fide  contracts  made  prior  to  the  first  day 
of  January,  Anno  Domini  one  thousand  eight  hundred  and 
seventy-four,  shall  not  be  in  anywise  thereby  affected. 

SEC.  2.  No  president,  director,  officer,  agent,  or  employee 
of  any  railroad  company  or  canal  company  of  this  Common- 
wealth shall  hereafter  be  engaged  in  the  business  of  trans- 
portation as  a  common  carrier  of  freight  by  any  express  or 
other  freight  line,  or  in  the  transportation  of  passengers  by 
any  sleeping  or  parlor  car  or  other  line,  over  the  works  owned, 
leased,  controlled,  or  worked  by  such  company,  and  any  profit 
realized  by  such  president,  director,  officer,  agent,  or  employee 
in  violation  of  the  provisions  of  this  section  shall  belong  to 
and  be  recoverable  by  such  railroad  or  canal  company :  Pro- 
vided, Suit  therefor  shall  be  commenced  within  one  year  after 
the  discovery  of  such  violation. 

SEC.  3.  Nothing,  however,  in  this  act  contained  shall  prevent 
any  president,  director,  officer,  agent,  or  employee  from  being 
a  shareholder  in  any  incorporated  or  joint  stock  company  or 
association :  Provided,  however,  That  no  director  interested  as 
a  shareholder  as  aforesaid  shall  vote  upon  any  contract  for 
furnishing  material  or  supplies  to  be  entered  into  with  any 
other  incorporated  or  joint  stock  company  or  association  in 
which  he  is  likewise  interested  as  a  shareholder,  and  no  con- 
tract shall  be  made  by  any  officers,  agent,  or  employee  for 
furnishing  material  or  supplies  with  any  incorporated  or  joint 
stock  company  or  association  in  which  such  officer,  agent,  or 
employee  is  likewise  interested  as  a  shareholder,  unless  in 
pursuance  of  an  order  of  the  board  of  directors  or  of  a  proper 
disinterested  superior  officer  of  such  railroad  or  canal  com- 
pany. Any  violation  of  the  provisions  of  this  act  shall  be 
punished  by  a  fine  not  exceeding  five  hundred  dollars. 

SEC.  4.  This  act  to  take  effect  January  first,  one  thousand 
eight  hundred  and  seventy-five. 


226 

AN  ACT  TO  PROVIDE  FOR  THE  ADJUSTMENT,  SETTLE- 
MENT AND  COLLECTION  OF  COMPENSATION  FROM 
RAILROAD  COMPANIES  FOR  RAILROADS  LOCATED  OR 
THAT  MAY  BE  LOCATED  ON  COUNTY  BRIDGES,  AND  TO 
EMPOWER  COUNTY  COMMISSIONERS  TO  MAKE  CON- 
TRACTS RELATING  THERETO. 

Approved  isth  May,  1874,     (P.  L.,  1874,  page  185.} 

SECTION  I.  That  any  railroad  company  which  has  hereto- 
fore located  or  may  hereafter  locate  its  railroad  upon  any 
county  bridge  in  this  Commonwealth  is  hereby  authorized  to 
contract  and  agree  with  the  commissioners  of  said  county  for 
the  use,  purchase,  removal,  replacing,  or  exchange  of  such 
bridge,  or  for  the  compensation  proper  to  be  paid  to  said 
county  by  said  company  for  the  use  and  occupancy  of  said 
bridge  or  such  parts  thereof  as  may  be  used  and  occupied  by 
said  railroad  company,  and  for  that  purpose  the  said  com- 
missioners are  hereby  authorized  and  empowered  to  contract 
and  agree  with  said  company,  and  empowered  to  do  all  such 
acts  as  may  be  necessary  and  proper  to  effectually  carry  out 
such  contract;  and  any  such  contracts  and  agreements  made 
by  any  county  commissioners,  and  all  rights,  property,  and 
privileges  granted  thereby  to  any  railroad  company,  are  hereby 
fully  approved,  ratified,  and  confirmed. 

SEC.  2.  That  all  moneys  due  or  hereafter  becoming  due, 
and  all  obligations  that  have  been  heretofore  or  hereafter  may 
be  incurred  by  said  companies,  under  said  agreements  and 
contracts  heretofore  made  or  hereafter  to  be  made,  may  be 
collected  and  enforced  in  the  same  manner  as  debts  of  like 
amount  are  now  recovered  in  this  Commonwealth. 


AN    ACT    TO    AUTHORIZE     THE     ISSUING     OF     LETTERS 
PATENT  TO  CERTAIN   CORPORATIONS. 

Approved  i^th  May,  1874.     (P.  L.,  1874,  pages  186.) 

SEC.  i.  That  upon  the  application  of  the  president  and 
secretary  of  any  corporation  heretofore  or  hereafter  created 
under  any  general  or  special  law  of  this  Commonwealth,  ac- 
companied by  due  proof  that  said  corporation  has  complied 


227 

with  all  the  conditions  provided  by  law  and  the  Constitution 
to  enable  it  to  have  a  corporate  existence  and  transact  business, 
it  shall  be  lawful  for  the  governor  to  issue  letters  patent,  under 
the  great  seal  of  the  Commonweaith,  in  such  form  as  he  may 
prescribe,  to  such  corporation,  declaring  it  to  be  and  erecting 
it  into  a  body  corporate  or  politic  in  deed  and  in  law. 


AN    ACT    TO    AUTHORIZE    CORPORATIONS    TO    INCREASE 
THE  SECURITY  OF  THEIR  BONDED  INDEBTEDNESS. 

Approved  r^th  May,  1874.      (•**•  £••  *874>  page  fS6.) 

SECTION  i.  That  it  shall  and  may  be  lawful  for  any  corpora- 
tion existing  by  or  under  the  authority  of  any  law  of  this 
Commonwealth  which  shall  have  mortgaged  any  part  of  its 
estate,  corporate  property,  and, franchises  for  the  security  of  all 
or  any  portion  of  its  bonded  indebtedness,  to  mortgage  its 
remaining  estate,  corporate  property,  and  franchises,  or  any 
part  of  the  same,  as  a  further  and  additional  security  for 
the  same  bonded  indebtedness :  Provided,  however,  That  no 
lien  then  existing  upon  such  remaining  estate,  property,  and 
franchises  shall  be  thereby  impaired  or  affected. 


AN  ACT  RELATIVE  TO  FORFEITURES  OF  CHARTERS  OR 
GRANTS  OF  SPECIAL  OR  EXCLUSIVE  PRIVILEGES  TO 
RAILROAD,  TURNPIKE,  AND  PLANK  ROAD  CORPORA- 
TIONS. 

Approved  isth  May,  1874.     (P.  L.,  1874,  page  188.) 


SECTION  I.  That  railroad  corporations  heretofore  chartered 
by  the  legislature  subject  to  the  provisions  of  the  general  rail- 
road act,  approved  the  nineteenth  day  of  February,  one  thou- 
sand eight  hundred  and  forty-nine,  and  the  several  supplements 
thereto,  and  all  turnpike  and  plank  road  companies,  duly  incor- 
porated and  under  which  a  bona  fide  organization  has  been 
made  and  business  commenced  in  good  faith  and  an  expenditure 
of  at  least  five  thousand  dollars  has  been  made  for  construction, 


228 

but  whose  charters  or  grants  of  special  or  exclusive  privileges 
may  have  been  forfeited  or  may  hereafter  be  subject  to  forfeit- 
ure by  limitation  by  reason  of  the  limitation  of  time  fixed  in 
such  charters  or  grants  of  privileges,  such  forfeiture  or  limita- 
tion fixed  for  completion  shall  be  remitted  or  extended,  and 
shall  be  held  and  taken  to  be  remitted  or  extended,  if  such 
corporations  so  organized  as  aforesaid  shall,  within  one  year 
from  the  passage  of  this  act  or  within  one  year  from  the 
expiration  of  the  time  limited  for  completion,  elect  to  pros- 
ecute to  completion  the  public  works  which  were  originally 
authorized  to  be  constructed  by  their  charters  as  aforesaid, 
and  shall  at  the  time  of  such  election  consent,  in  such  a 
manner  as  shall  be  prescribed  by  law,  to  such  charters  or 
grants  of  special  or  exclusive  privileges,  to  the  provisions  of 
the  Constitution  of  this  Commonwealth :  Provided,  That  all 
such  public  works  shall  be  prosecuted  to  completion  within 
five  years  from  the  date  of  the  election  aforesaid. 

SEC.  2.  The  board  of  directors  of  any  such  corporations 
shall,  by  resolution,  elect  to  prosecute  the  public  works 
authorized  to  be  constructed  by  their  charters,  and  shall 
cause  the  same  to  be  recorded  on  the  minutes  of  the  board, 
and  a  copy  of  the  same,  duly  certified,  shall  be  attached  to 
and,  with  the  instrument  by  which  consent  is  given  to  subject 
such  charters  to  the  provisions  of  the  Constitution  of  the 
Commonwealth,  be  filed  and  recorded  in  the  office  of  the 
secretary  of  the  Commonwealth. 


AN  ACT  REQUIRING  COUNTY  COMMISSIONERS,  RAILROAD 
AND  OTHER  CORPORATIONS  TO  MAKE  ANNUAL  RE- 
PORTS TO  THE  SECRETARY  OF  INTERNAL  AFFAIRS  IN 
LIEU  OF  SIMILAR  REPORTS  HERETOFORE  MADE  TO 
THE  AUDITOR-GENERAL. 

Approved  i$th  May,  1874.      (P.  L.,  1874,  Pa£e  *93-} 

SECTION  i.  That  the  county  commissioners  of  each  county 
of  the  State,  including  the  board  of  revision  of  the  city  o) 
Philadelphia,  shall,  upon  the  first  day  of  June,  one  thousand 
eight  hundred  and  seventy-four,  and  upon  the  same  day 


229 

annually  thereafter,  make  out  in  tabular  form,  by  assessment 
districts,  a  full  statement  of  all  property  taxable  for  county 
purposes,  showing  the  real  and  personal  in  separate  columns, 
the  amount  of  tax  assessed  for  county  purposes,  and  also  the 
debt  of  said  county ;  the  same  to  be  enclosed  by  mail  to  the 
secretary  of  internal  affairs  at  Harrisburg;  and  in  case  of  refusal 
or  neglect  to  make  such  returns,  the  same  may  be  enforced  by 
mandamus. 

SEC.  2.  The  secretary  of  internal  affairs,  in  lieu  of  the 
auditor-general,  shall,  after  the  first  day  of  July,  one  thousand 
eight  hundred  and  seventy-five,  transmit  to  the  railroad  and 
other  corporations  named  in  the  act  of  fourth  of  April,  one 
thousand  eight  hundred  and  fifty-nine,  and  also  in  the  act  of 
ninth  April,  one  thousand  eight  hundred  and  seventy,  the 
blanks  required,  and  upon  the  reception  of  such  returns  he 
shall  arrange  the  same  for  publication ;  and  in  case  of  neglect 
or  refusal  to  make  such  returns  each  of  such  corporations  thus 
refusing  shall  be  subject  to  the  penalties  in  said  acts. 

SEC.  3.  That  hereafter  the  secretary  of  internal  affairs,  in 
lieu  of  the  auditor-general,  shall  send  out  the  blanks  required 
by  the  act  of  May  ninth,  one  thousand  eight  hundred  and 
seventy-one,  entitled  "  An  act  for  the  collection  of  mineral 
statistics,"  and  said  secretary  shall  do  and  perform  all  the 
duties  enjoined  in  said  act  in  regard  to  the  collecting,  com- 
piling, and  publishing  a  report  of  the  same  number  of  copies 
ordered  to  be  published  by  the  auditor-general. 

SEC.  4.  Until  the  secretary  of  internal  affairs  shall  be  duly 
qualified,  the  returns  required  by  the  provisions  of  the  first 
and  third  sections  of  this  act  shall  be  made  to  and  the  duties 
thereby  imposed  performed  by  the  chief  of  the  bureau  of 
statistics. 


AN    ACT    TO    FACILITATE    THE    TRANSFER    OF    STOCKS 

AND  LOANS. 

Approved  2jcf  May,  1874.     (P.  L.,  1874,  page  222.) 

SECTION  i.  That  all  certificates  of  stocks  and  loans  which 
have  been  or  may  hereafter  be  issued  by  this  Commonwealth 


230 

or  by  any  municipal  or  other  corporation  shall  be  transferable 
by  the  legal  owner  thereof,  without  any  liability  on  the  part  of 
the  transfer  agents  of  the  Commonwealth  or  the  municipal  or 
other  corporation  permitting  such  transfers  to  recognize  or  see 
to  the  execution  of  any  trust,  whether  expressed,  implied,  or 
constructive,  to  which  such  stocks  or  loans  may  be  subject, 
unless  when  such  transfer  agents  of  the  Commonwealth  or 
officers  of  such  municipal  or  other  corporation  charged  with 
the  duty  of  permitting  such  transfer  to  be  made  shall  have 
previously  received  actual  notice  in  writing,  signed  by  or  on 
behalf  of  the  person  or  persons  for  whom  such  stocks  or  loans 
appear  by  the  certificate  thereof  to  be  held  in  trust,  that  the 
proposed  transfer  would  be  a  violation  of  such  trust. 


AN  ACT  TO  ENABLE  RAILROADS,  CANALS,  OR  OTHER 
TRANSPORTATION  COMPANIES  TO  ACCEPT  OF  THE 
TERMS  OF  THE  SEVENTEENTH  ARTICLE  OF  THE 
CONSTITUTION,  ADOPTED  THE  SIXTEENTH  DAY  OF 
DECEMBER,  ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  SEVENTY-THREE. 

Approved $th  June,  1874.     (P.  L.,  1874,  page  275.) 

SECTION  I.  That  it  shall  be  the  duty  of  the  board  of 
directors  of  any  railroad,  canal,  or  other  transportation  com- 
pany in  existence  on  the  first  day  of  January,  one  thousand 
eight  hundred  and  seventy-four,  desiring  to  accept  of  the 
provisions  of  the  seventeenth  article  of  the  Constitution  of  the 
State,  adopted  on  the  sixteenth  day  of  December,  one  thou- 
sand eight  hundred  and  seventy-three,  to  file  in  the  office  of 
the  secretary  of  the  Commonwealth  a  certificate  in  writing, 
signed  by  the  president  and  secretary  and  attested  by  the 
corporate  seal  of  the  company,  stating  that  at  a  regular  or 
special  meeting  of  said  board  of  directors  a  resolution,  in 
pursuance  of  the  consent  of  the  stockholders,  was  adopted, 
accepting  of  all  the  provisions  of  said  article,  and  all  the  powers 
and  privileges  and  limitations  and  restrictions  mentioned  there- 
in shall  be  deemed  and  taken  for  all  purposes  to  apply  to  said 


231 

corporation.  The  said  certificate  shall  be  recorded  in  the 
office  of  the  secretary  of  the  Commonwealth  in  a  suitable 
book  to  be  by  him  kept  for  that  purpose. 

SEC.  2.  No  such  certificate  shall  be  made  by  the  officers 
aforesaid  without  the  consent  of  the  stockholders  of  the 
corporation,  to  be  obtained  by  an  election  to  be  held  in  the 
same  manner  as  prescribed  by  law  for  increasing  the  capital 
stock  of  a  corporation. 


A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  TO 
AUTHORIZE  THE  FORMATION  AND  REGULATION  OF 
RAILROAD  CORPORATIONS." 

Approved  8th  June,  1874.      (P.  L.,  1874,  page  277-} 

SECTION  I.  That  from  and  after  the  passage  of  this  act 
articles  of  association,  authorized  by  an  act  entitled  "An  act 
to  authorize  the  formation  and  regulation  of  railroad  corpora- 
tions," approved  April  fourth,  Anno  Domini  one  thousand 
eight  hundred  and  sixty-eight,  may  be  filed  and  recorded 
in  the  office  of  the  secretary  of  the  Commonwealth  when  five 
thousand  dollars  of  stock  for  every  mile  of  railroad  proposed 
to  be  made  is  subscribed  and  ten  per  centum  paid  thereon  in 
good  faith,  in  cash,  to  the  director  named  in  said  articles 
of  association. 

SEC.  2.  Section  fifth  of  the  act  to  which  this  is  a  supplement 
is  hereby  amended  so  as  to  allow  each  company  organized 
under  said  act  one  year  to  complete  their  road  for  each 
twenty-five  miles  more  than  the  fifty  miles  required  to  be 
finished  within  two  years,  as  provided  in  said  section. 

SEC.  3.  On  filing  of  the  articles  of  association  provided  in 
this  act  aforesaid  and  the  act  to  which  this  is  a  supplement, 
the  governor  shall  issue  his  letters  patent  creating  the  associa- 
tion aforesaid  a  body  corporate,  with  power  to  use  and  enjoy 
all  the  powers  and  privileges  conferred  by  the  act  aforesaid 
and  the  several  supplements  thereto. 

SEC.  4.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 


232 

AN  ACT  TO  AUTHORIZE  THE  COUNTIES,  CITIES,  TOWNS, 
OR  TOWNSHIPS  OF  THIS  STATE,  RESPECTIVELY,  TO 
ENTER  INTO  CONTRACTS  WITH  RAILROAD  COMPANIES 
WHOSE  ROADS  ENTER  THEIR  LIMITS,  WHEREBY  SAID 
COMPANIES  MAY  RELOCATE,  CHANGE,  OR  ELEVATE 
THEIR  RAILROADS. 

Approved  yth  Junet  1874.     (P.  L.,  1874,  page  282.) 

SECTION  i.  That  the  proper  authorities  of  any  county,  city, 
town,  or  township  of  this  State,  respectively,  be  and  they  are 
hereby  authorized  and  empowered  to  enter  into  contracts 
with  any  of  the  railroad  companies  whose  roads  enter  their 
limits  respectively,  whereby  the  said  railroad  companies  may 
relocate,  change,  or  elevate  their  railroads  within  said  limits, 
or  either  of  them,  in  such  manner  as  in  the  judgment  of  such 
authorities  respectively  may  be  best  adapted  to  secure  the 
safety  of  lives  and  property  and  promote  the  interest  of  said 
county,  city,  town,  or  township,  and  for  that  purpose  the  said 
authorities  shall  have  power  to  do  all  such  acts  as  may  be 
necessary  and  proper  to  effectually  carry  out  such  contracts ; 
and  any  such  contracts  made  by  any  railroad  company  or 
companies  as  aforesaid  with  said  authorities,  or  either  of 
them,  are  hereby  fully  ratified  and  confirmed :  Provided,  That 
nothing  in  this  proviso  contained  shall  affect  any  contract 
made  or  hereafter  to  be  made  with  any  railroad  company 
from  apportioning  the  expenses  of  altering  and  adjusting  the 
grades  of  existing  railroads  and  intersecting  streets  in  any  city 
or  borough  so  as  to  dispense  with  grade  crossings. 


AN  ACT  FOR  FURTHER  REGULATION  OF  APPEALS  FROM 
ASSESSMENTS  OF  DAMAGES  TO  OWNERS  OF  PROPERTY 
TAKEN  FOR  PUBLIC  USE. 

Approved  ijth  June,  1874.     (P.  L.,  1874,  page  283.) 

SECTION  i.  That  in  all  cases  of  damages  assessed  against 
any  municipal  or  other  corporation  or  individual  or  indi- 
viduals invested  with  the  privilege  of  taking  private  property 
for  public  use,  for  property  taken,  injured,  or  destroyed  by 
the  construction  or  enlargement  of  their  works,  highways,  or 


233 

improvements,  whether  such  assessment  shall  have  been  made 
by  viewers  or  otherwise  than  upon  a  trial  in  court,  and  an 
appeal  is  not  provided  for  or  regulated  by  existing  laws,  an 
appeal  may  be  taken  by  either  party  to  the  court  of  common 
pleas  of  the  proper  county  within  thirty  days  from  the  ascer- 
tainment of  the  damages  or  the  filing  a  report  thereof  in 
court  pursuant  to  any  general  or  special  act,  and  not  after- 
wards. 

SEC.  2.  Any  appeal  taken  pursuant  to  this  act  shall  be 
signed  by  the  party  or  parties  taking  the  same  or  by  his  or 
their  agent  or  attorney,  and  shall  be  accompanied  by  an  affi- 
davit of  the  party  appellant  or  of  his  or  their  agent  or 
attorney,  that  the  same  is  not  taken  for  the  purpose  of  delay, 
but  because  the  affiant  firmly  believes  that  injustice  has  been 
done. 

SEC.  3.  That  any  party  entitled  to  an  appeal  under  the 
eighth  section  of  the  sixteenth  article  of  the  Constitution,  or 
who  would  be  entitled  to  an  appeal  in  any  future  case  under 
this  act  under  the  same  circumstances,  shall  have  the  right  to 
to  take  an  appeal  from  any  assessment  of  damages,  or  reassess- 
ment or  ascertainment  thereof  as  aforesaid,  made  or  filed  on 
or  after  the  first  day  of  January  of  the  present  year  and  before 
the  passage  of  this  act ;  but  such  appeal  shall  be  taken  within 
thirty  days  after  the  passage  of  this  act,  and  in  conformity 
with  the  second  section  thereof. 


AN  ACT  REQUIRING  EVERY  RAILROAD  OR  CANAL  COR- 
PORATION ORGANIZED  IN  THIS  STATE  TO  MAINTAIN 
AN  OFFICE  THEREIN  FOR  THE  TRANSACTION  OF  ITS 
BUSINESS. 

Approved  1 4th  June,  1874.  (P.  L.,  1874,  page  289.) 

SECTION  i.  That  every  railroad  or  canal  corporation  organ- 
ized in  this  State  shall  maintain  an  office  therein  for  the 
transaction  of  its  business,  where  transfers  of  its  stock  shall 
be  made  and  books  kept  for  the  inspection  by  any  stock 
or  bondholder  or  any  other  person  having  any  pecuniary 
interest  in  such  corporation,  in  which  shall  be  recorded  the 


234 

amount  of  capital  stock  subscribed  or  paid  in  and  by  whom, 
the  names  of  the  owners  of  its  stock  and  the  amounts  owned 
by  them  respectively,  the  transfers  of  said  stock,  and  the 
names  and  places  of  residence  of  its  officers. 


AN  ACT  TO  CARRY  INTO  EFFECT  SECTION  EIGHT  OF 
ARTICLE  SEVENTEEN  OF  THE  CONSTITUTION,  IN  RE- 
LATION TO  GRANTING  FREE  PASSES  OR  PASSES  AT 
A  DISCOUNT  BY  RAILROAD  OR  OTHER  TRANSPORTA- 
TION COMPANIES. 

Approved  1 4th  June,  1874.     (^  L.,  1874,  page  2^9-) 

SECTION  I .  That  no  railroad,  railway,  or  other  transportation 
company  having  accepted  the  provisions  of  the  seventeenth 
article  of  the  Constitution,  or  hereafter  organized,  shall  grant 
free  passes  or  passes  at  a  discount  to  any  person,  except  to  an 
officer  or  employee  of  the  company  issuing  the  same,  and  any 
person  signing  or  issuing  any  such  free  passes  or  passes  at  a 
discount,  except  to  officers  or  employees  as  aforesaid,  shall  be 
subject  to  pay  a  fine  to  the  Commonwealth  not  exceeding  one 
hundred  dollars :  Provided,  That  nothing  herein  contained 
shall  be  held  to  prevent  the  use  of  passes  granted  previous  to 
the  adoption  of  the  present  Constitution,  the  limited  time 
whereof  has  not  expired,  nor  to  prevent  the  use  of  passes 
granted  for  a  valuable  consideration  under  contracts  made 
between  corporations  and  individuals  or  between  one  cor- 
poration and  another. 


AN  ACT  TO  EXTEND  THE  TIME  FOR  THE  COMPLETION 
OF  RAILROADS  AUTHORIZED  TO  BE  CONSTRUCTED 
BY  RAILROAD  OR  RAILWAY  CORPORATIONS  OF  THIS 
COMMONWEALTH  UNDER  ANY  GENERAL  LAW. 

Approved  i-jth  March,  1875.     (P.  L.,  1875,  page  7.) 

SECTION  i.  Be  it  enacted,  £c.t  That  the  time  for  completing 
all  railroads  in  this  Commonwealth,  commenced  by  railroad 


235 

or  railway  companies  incorporated  under  or  in  pursuance  of 
any  general  law  of  this  Commonwealth,  be  and  the  same  is 
hereby  extended  for  the  further  period  of  five  years  from  and 
after  the  time  limited  for  the  completion  of  the  same  by  any 
general  law  under  and  by  virtue  of  which  any  such  corpora- 
tion may  have  been  incorporated :  Provided,  Any  railroad  or 
railway  company  enjoying  the  benefits  and  privileges  of  this 
act  shall  hereafter  hold  its  charter  subject  to  the  provisions  of 
the  Constitution  of  this  Commonwealth. 


A  SUPPLEMENT  TO  AN  ACT  TO  AUTHORIZE  THE  FORMA- 
TION AND  REGULATION  OF  RAILROAD  CORPORATIONS, 
APPROVED  APRIL  FOUR,  ANNO  DOMINI  ONE  THOUSAND 
EIGHT  HUNDRED  AND  SIXTY-EIGHT. 

Approved  i8th  March,  1875.     (P.  L.,  1875,  page  28.) 

SECTION  i.  Be  it  enacted,  £c.,  That  whenever,  under  the 
the  provisions  of  the  act  approved  the  fourth  day  of  April, 
Anno  Domini  one  thousand  eight  hundred  and  sixty-eight, 
entitled  "An  act  to  authorize  the  formation  and  regulation  of 
railroad  companies,"  any  number  of  citizens  of  Pennsylvania, 
not  less  than  nine,  may  be  desirous  of  forming  a  company  for 
the  purpose  of  constructing,  maintaining,  and  operating  a 
railroad,  having  a  gauge  not  exceeding  three  feet,  for  public 
use  in  the  conveyance  of  persons  and  property,  they  may 
state  in  the  articles  of  association  which  they  are  required  to 
make  and  sign  the  capital  stock  of  the  company  at  six  thou- 
sand dollars,  or  any  greater  amount,  for  every  mile  of  road 
proposed  to  be  constructed;  and  that  said  articles  of  associa- 
tion may  be  filed  and  recorded  in  the  office  of  the  secretary 
of  the  Commonwealth  when  three  thousand  dollars  of  stock 
for  every  mile  of  railroad  proposed  to  be  made  is  subscribed, 
and  ten  per  centum  paid  thereon  in  good  faith  and  in  cash  to 
the  directors  named  in  said  articles  of  association. 


236 

A  SUPPLEMENT  TO  AN  ACT  ENTITLED  "AN  ACT  RELA- 
TIVE TO  FORFEITURE  OF  CHARTERS  OR  GRANTS  OF 
SPECIAL  OR  EXCLUSIVE  PRIVILEGES  TO  RAILROAD, 
TURNPIKE,  AND  PLANK  ROAD  CORPORATIONS,"  AP- 
PROVED MAY  FIFTEENTH,  ONE  THOUSAND  EIGHT 
HUNDRED  AND  SEVENTY-FOUR,  PRESCRIBING  THE 
MANNER  IN  WHICH  SAID  CORPORATIONS  SHALL  CON- 
SENT TO  HOLD  THEIR  CHARTERS  SUBJECT  TO  THE 
PROVISIONS  OF  THE  CONSTITUTION  ADOPTED  DECEM- 
BER SIXTEENTH,  ONE  THOUSAND  EIGHT  HUNDRED 
AND  SEVENTY-THREE. 

Approved  ^oth  March,  1875.     (P.  L.,  1875,  page  37.} 

SECTION  i.  Be  it  enacted,  $c.y  That  the  stockholders  of  any 
railroad  corporation,  turnpike,  or  plank  road  company  men- 
tioned in  the  act  of  assembly  entitled  "An  act  relative  to 
forfeitures  of  charters  or  grants  of  special  or  exclusive  privi- 
leges to  railroad,  turnpike,  and  plank  road  corporations," 
approved  May  fifteenth,  one  thousand  eight  hundred  and 
seventy-four,  shall,  in  order  to  obtain  the  benefit  of  said  act 
of  assembly,  consent,  at  a  special  meeting  to  be  called  in 
accordance  with  its  charter  and  by-laws,  to  accept  the  Con- 
stitution of  the  State  adopted  December  sixteenth,  one 
thousand  eight  hundred  and  seventy-three,  and  to  thereafter 
hold  its  charter  subject  to  all  the  provisions  thereof,  and  shall 
cause  an  instrument  in  writing,  under  the  seal  of  the  company, 
and  signed  by  the  president  and  secretary,  testifying  to  its 
consent  as  aforesaid,  to  be  filed  and  recorded  in  the  office  of 
the  secretary  of  the  Commonwealth. 

SEC.  2.  The  action  of  the  stockholders  of  any  railroad 
company  under  this  act  shall  be  taken  to  be  of  the  same  force 
and  effect,  for  the  purpose  of  also  accepting  the  terms  of  the 
seventeenth  article  of  the  said  Constitution,  as  the  action  of 
the  directors  of  such  company  prescribed  in  the  act  of 
assembly  entitled  "An  act  to  enable  railroads,  canals,  or  other 
transportation  companies  to  accept  the  terms  of  the  seven- 
teenth article  of  the  Constitution  adopted  the  sixteenth  day 
of  December,  Anno  Domini  one  thousand  eight  hundred 
and  seventy-three,"  approved  June  fifth,  one  thousand  eight 
hundred  and  seventy-four. 


INDEX. 


PAGE 
ABANDONMENT.— Petitioners  for  lateral  railroad  may  abandon,  after  report  of  viewers 

or  after  verdict  of  jury,  on  payment  of  costs 5 

petitioners  for  lateral  railroad  may  abandon  before  ground  broken  and  within  two  years 
of  confirmation  of  right  of  way,  on  payment  of  costs 167 

roads  decayed,  out  of  repair,  and  unused  for  more  than  five  years  shall  be  deemed  to 
be  abandoned 183 

ACCEPTANCE  of  provisions  of  act  4th  April,  1868,  defining  liabilities  of  common  carriers 

for  injury  and  death 146 

of  provisions  of  act  i-jth  March,  1869,  authorizing  increase  in  number  of  directors,  &c...  165 
of  provisions  of  act  agth  December,  1869,  authorizing  increase  of  bonded  debt  and  stock..  174 
of  provisions  of  Constitution  of  1874  on  remission  of  forfeiture  of  charters 227 

of  provisions  of  Constitution  of  1874,  act  to  enable  companies  to  accept  seventeenth 
article 230 

of  provisions  of  Constitution  of  1874  to  extend  time  for  completion  five  years 234 

of  provisions  of  Constitution  of  1874  to  obtain  benefit  of  act  May  isth,  1874,  to  remit 
forfeiture 236 

ACCOUNTS. — In  settlement  of  accounts,  auditor-general  to  charge  interest  on   balances 

and  interest  on  settlements 162 

auditor-general,  treasurer,  and   attorney -general   to   revise   settlements  erroneously  or 
illegally  made,  and  to  charge  or  credit  the  differences 167 

to  be  made  and  stock  valued  by  auditor-general  when  not  made  and  valued  by  corpora- 
tions     217,    220 


ACKNOWLEDGMENT  of  deeds,  mortgages, 
rations  and  informally  executed,  validated 


and  other  instruments,  by  officers  of  corpo- 


ACKNOWLEDGMENTS.— Provision  of  act  226  April,  1863,  extended  to  all  deeds,  mort- 
gages, and  instruments  informally  executed  by  corporations  since  passage 171 

ACTIONS  for  penalties  under  lateral  railroad  act  of  1832  to  be  brought  within  twelve 

months 9 

for  damages  under  act  22d  March,  1817,  when  process  served  on  toll-gatherer,  notice 
must  be  given  the  company  defendant 10 

pending  or  thereafter  brought  may  be  removed  to  adjacent  county  through  which  rail- 
road is  not  located 10 

for  damages — service  may  be  made  on  president  or  other  principal  officer,  cashier,  treas-  . 
urer,  secretary,  or  chief  clerk;  if  officers  not  found  in  county  where  injury  committed, 
summons  may  be  served  on  any  officer  or  agent,  at  any  office  or  place  of  business 
within  the  county,  and  if  no  such  office  or  place  of  business,  then  in  any  county 13 

removed  to  adjacent  county — costs  shall  be  paid  by  the  county  in  which  suit  originated™     15 

brought  on  contracts  and  removed  under  act  i4th  April,  1834,  to  be  returned  to  court 
where  they  originated ao 

brought  in  county  where  property  of  company  situate,  may  be  served  on  manager  or 
director,  if  president,  treasurer,  &c.  not  in  county ax 

to  determine  whether  any  landing  sufficient  to  accommodate  the  trade  of  lateral  railroad 
besides  the  trade  of  owner 23 

against  defaulting  officers  for  not  paying  over  moneys,  and  against  their  sureties 27 

against  defaulting  officers — declaration  to  be  filed  with  prcecipe  and  judgment  by  pro- 
thonotary,  &c 28 

by  attachment  and  scire facias  and  levy,  to  secure  stock  deposits  and  debts,  extended  to 
corporations 25 

by  contractors,  laborers,  and  workmen  vs.  railroad  companies— arbitrators  may  require 
production  of  books  and  papers 29 

(237) 


238 

PAGE 

ACTIONS  may  be  brought  in  any  county  where  works  of  company  located,  when  principal 

office,  president,  &c.  are  located  out  of  the  State 35 

under  general  law  of  1849,  process  may  be  served  on  president,  secretary,  treasurer, 
engineer,  or  any  agent  or  director 48 

under  act  27th  March,  1713,  not  to  be  brought  against  corporations  suspended,  made 
assignment,  or  ceased  operations 65 

against  corporations  having  an  agency  in  any  county — writ  may  be  served  on  president, 
cashier,  agent,  clerk,  directors,  or  agent  of  such  company  within  such  county 68 

for  penalty  for  obstructing  crossings — process  may  be  served  on  any  agent  or  employee..    68 

for  injuries  resulting  in  death,  may  be  brought  or  prosecuted  by  widow  or  personal  repre- 
sentatives of  deceased 70 

of  ejectment  may  be  brought  in  county  where  land  lies,  and  writ  served  on  person 
having  charge  of  land 73 

attachment  shall  not  bind  carrier  when  goods  are  in  transitu  and  beyond  limits  of  Com- 
monwealth  , 78- 

for  damages  for  injuries  resulting  in  death — persons  to  recover  shall  be  husband,  widow, 
children,  or  parents  of  deceased  ;  action  must  be  brought  within  one  year 79 

in  county  in  which  property  of  corporation  is  situate ;  if  president,  treasurer,  secretary, 
or  chief  clerk  not  found  in  such  county,  sheriff  may  serve  writ  on  manager  or  director 
in  county;  if  no  manager  or  director,  then  sheriff  may  go  into  any  county  and  serve...  85 

for  damages  under  act  26th  April,  1855,  may  be  brought  within  year  of  cases  accruing 
after  passage  of  that  act 87 

under  act  i4th  April,  1834,  shall  extend  to  assessment  of  damages  as  well  as  any  other 
cause 96 

by  Commonwealth,  under  fourth  section  act  2ist  April,  1846,  construed  to  require  affidavit 
of  defense 104 

against  non-resident  corporations,  may  be  brought  in  any  county  where  business  trans- 
acted or  works  or  property  located,  and  service  of  writ  made  by  publication 105 

to  compel  payment  of  subscriptions  to  stock  after  charter  revoked — no  judgment  or 
decree  to  be  entered  against  defendant 109. 

for  damages  for  right  of  way  under  general  law  of  1849,  to  be  brought  within  five  years 
after  land  entered  on  or  within  three  years  after  road  in  operation 134 

to  recover  interest  on  bonds  the  validity  of  which  has  been  established — defendant  to  pay 
counsel  fees 134 

of  debt  for  recovery  of  $500  for  excluding  persons  from  cars  on  account  of  color  or  race...  136 

against  stockholders  or  directors  for  money  or  neglect  of  duty,  to  be  brought  within  six 
years  of  delivery  of  goods  or  neglect 137 

under  act  i7th  April,  1866,  for  damages  for  right  of  way — act  not  to  apply  to  actions 
pending  at  passage 139 

on  bonds  in  which  counsel  fees  are  to  be  paid — Allegheny  county  exempted 142 

for  damages  for  injury  to  persons  rightfully  on  road  or  cars  to  be  same  as  for  employee...  145 

for  damages  for  injury  or  loss  of  life  to  be  only  for  pecuniary  compensation — $5000  death, 
$3000  injury 145 

or  proceedings  for  assessment  of  damages  for  right  of  way  shall  be  held  in  county  where 
real  estate  is  situate,  and  laws  passed  for  removal  of  such  proceedings  to  other  counties 
repealed  as  to  Northumberland  county 154 

to  inquire  into  neglect  or  refusal  of  corporation  to  comply  with  terms  of  incorporation, 
and  forfeiture  of  privileges 176 

in  lieu  of  sequestration  under  act  i6th  June,  1836,  fieri  facias  may  issue  and  franchises 
and  property  be  sold 177 

to  be  commenced  by  attorney-general  against  corporations  constructing  railroad  or  tele- 
graph lines  without  authority 180 

or  suits,  real  or  personal,  by  or  against  any  corporation,  may  be  removed  to  any  adjoin- 
ing county  on  affidavit  made 181. 

or  proceedings  to  procure  right  to  construct  lateral  railroad  or  acquire  wharves  and 
landings — appeal  shall  extend  to  question  of  damages  and  to  necessity  of  such  road, 
wharf,  or  landing 182 

meaning  of  act  3d  May,  1866,  for  payment  of  counsel  fees,  declared  to  be  that  such  fees 
shall  only  be  paid  where  validity  of  bonds  has  been  tested  and  established 183 

in  which  it  is  alleged  private  rights  or  franchises  of  corporation  are  invaded — duty  of 
court  to  inquire  whether  such  corporation  does  in  fact  possess  such  franchise 190 


239 

PAGE 
ACTIONS  relating  to  crossing  of  lines  by  other  railroads — duty  of  court  to  decree  which 

mode  of  crossing  will  inflict  the  least  injury,  and  prevent  crossing  at  grade 190 

removed  under  act  28th  April,  1870 — costs  of  trial  shall  be  paid  by  the  county  from 
which  suit  was  removed 190 

removal  of,  under  act  28th  April,  1870 — Lancaster,  Venango,  and  Berks  counties  exempt 

from  provisions 192 

against  stockholders  for  installments  due  on  stock — service  of  process  provided  for 224 

ADMINISTRATORS,  executors,  &c.  holding  Allegheny  county  bonds  issued  for  subscrip- 
tion to  railroad  stock,  may  exchange  same  for  such  stock 94 

executors,  &c.  under  foreign  authority  to  be  allowed  to  transfer  stock,  &c.,  and  receive 
dividends,  &c.,  upon  filing  copy  or  certificate  of  will  or  other  authority 193 

AGENT  or  employee  neglecting  to  cancel  and  return  tickets  or  coupons,  who  shall  steal  or 
embezzle  or  fraudulently  stamp,  print,  sign,  or  sell  or  put  in  circulation  any  such 
coupon  or  ticket,  fine  not  over  $1000  and  imprisonment  not  over  five  years 97 

or  conductor  excluding  persons  from  cars,  or  occupy  any  particular  part  of  car,  on 
account  of  color  or  race,  liable  to  fine  and  imprisonment 136 

AGENTS  obstructing  public  street  or  road  crossings^  by  engines  or  cars,  subject  to  penalty 

of  $25 26 

authorized  to  sell  tickets,  to  be  provided  with  a  certificate  of  their  authority  to  sell — not 
lawful  otherwise in 

of  foreign  corporations  to  be  appointed  and  business  office  located  in  State 215 

not  to  be  interested  in  contracts  to  furnish  company  with  materials  or  supplies 224 

not  to  be  interested  in  transportation  by  any  line  or  cars  over  railroad 224 

AGREEMENT  of  consolidation  to  be  made  and  filed,  under  act  24th  March,  1865 123 

AID  TO  RAILROADS. — Any  incorporated  company  may  aid  in  the  construction  of  lateral 

railroads  from  their  line,  in  labor,  money,  or  materials 101 

railroad  companies  may  aid  companies  to  develop  coal,  iron,  lumber,  or  other  material 
interests,  by  purchase  of  capital  stock  and  bonds 170 

ALIENS. — Citizens  holding  real  estate  the  titles  to  which  have  been  held  by  alien  or  foreign 

corporations,  may  hold  and  convey  the  same 94 

provisions  of  act  gth  January,  1861,  extended  to  all  sales  and  conveyances  made  prior  to 
passage  of  this  act 173 

ALLEGHENY  COUNTY.— Provisions  of  lateral  railroad  law  and  supplement  extended 

to  Allegheny  and  other  counties,  and  to  roads  under  or  over  surface  of  land 36 

proprietors  of  lateral  railroads  in  Allegheny  county  authorized  to  charge  same  tolls  as 
charged  by  railroads  throughout  Commonwealth,  in  addition  to  the  tolls  now  em- 
powered to  receive 69 

Cleveland  and  Pittsburg  Railroad  Company  authorized  to  sell  any  bonds  held  in  pay- 
ment for  subscriptions  to  its  stock  by  counties  of  Beaver  and  Allegheny 77 

provisions  of  act  2d  March,  1855,  extended  to  all  railroad  companies  to  capital  stock  of 
which  Allegheny  county  subscribed 77 

commissioners  of  Allegheny  county  authorized  to  exchange  bonds  of  county  issued  for 
railroad  stock  for  an  equal  amount  of  such  stock 89 

executors,  administrators,  &c.  holding  Allegheny  county  bonds  issued  for  subscription 
to  railroad  stock,  may  exchange  same  for  such  stock 94 

exempted  from  provisions  of  act  3d  May,  1866,  compelling  corporations  to  pay  plaintiff's 
counsel  fees  In  certain  cases 142 

AMERICAN  STEAMSHIP  COMPANY.— Private  corporations  to  subscribe  for  or  pur- 
chase capital  stock  and  bonds  of  American  Steamship  Company  of  Philadelphia 182 

APPEAL  from  report  of  viewers  to  common  pleas  in  lateral  railroad  cases 5 

so  much  of  act  of  1832  (lateral  roads)  as  prohibits  appeal  and  writ  of  error  repealed 20 

bail  absolute  for  costs  in  appeals  from  judgment  of  aldermen,  justices,  and  award  of 
arbitrators 25 

act  2oth  March,  1845,  to  extend  to  all  appeals  from  awards  of  arbitrators 65 

may  be  made  within  thirty  days  in  all  cases  of  report  of  viewers  under  act  of  igth 
February,  1849 81 

either  party  may  appeal  from  report  of  viewers  under  act  igih  February,  1849,  section  n,     84 

defendant  may  appeal  from  judgment  or  award  for  wages  due,  on  affidavit  that  appeal 
is  not  for  delay,  &c 108 


240 

FAGR 

APPEAL  from  report  of  viewers  in  lateral  railroad  cases  shall  extend  to  necessity  for  rail- 
road, wharf,  or  landing , 182 

from  settlement  of  accounts  by  auditor-general  and  State  treasurer 217 

from  assessment  of  damages  by  viewers  regulated,  in  cases  not  already  provided  for 232 

ARBITRATION. — Arbitrators  in  suits  between  contractors,  laborers,  and  workmen  and 
incorporated  company  to  make  railroads,  &c.,  may  require  production  of  books  and 
papers 29 

ARRESTS.— Thieves,  pickpockets,  and  burglars  found  at  any  railroad  depot,  &c.  in  Erie, 

Corry,  Meadville,  or  Titusville,  may  be  arrested,  &c 130 

vagrants  loitering  in  or  around  any  railroad  depot,  &c.  in  Erie,  Crawford,  Venango, 
and  Warren  counties,  to  be  arrested  and  subject  to  vagrant  laws 131 

persons  trespassing  or  found  upon  cars,  in  Berks  county,  without  payment  of  fare,  to  be 
arrested  and  fined  or  committed  for  non-payment 191 


act  of  February  2ist,  1872,  relative  to  trespassing  on  cars  in  Berks  county,  extended  to 
York,  Huntingdon,  Union,  Philadelphia,  Westmoreland,  Perry,  Bucks,  Montour, 
Schuylkill,  Delaware 198,  207 


ARSON. — Any  person   setting  fire  to  any  wooden  bridge  liable  to  punishment  for  arson, 

and  forfeit  not  over  $2000 12 

any  person  setting  fire  to  engine-house,  bridge,  trestle-work,  &c.  shall  pay  the  damages 
caused  and  be  imprisoned 16 

ASSIGNMENTS. — Corporations  may  not  execute  any  general  or  partial  assignment,  &c., 

so  as  to  defeat  debts,  &c.  of  contractors,  laborers,  and  workmen 22 

provisions  of  act  2jth  March,  1713,  not  to  extend  to  any  suit  against  corporation  which 
has  made  assignment  for  benefit  of  creditors '. 65 

in  all  assignments  on  account  of  inability  to  pay  debts,  the  wages  of  miners,  mechanics, 
and  laborers  shall  be  first  paid 75 

when  any  company  divest  themselves,  by  assignment  or  otherwise,  contractor,  laborer, 
and  workman  having  judgment  may  issue  scire  facias,  &c 103 

in  all  assignments  on  account  of  inability  to  pay  debts,  the  wages  and  salaries  of  persons 
employed  shall  be  paid  first 106 

wages  of  laborers  and  others  protected  and  a  lien  on  property  assigned,  sold,  or  levied  on,  195 

ASSOCIATION. — Articles  of  association  to  be  made,  executed,  &c.  under  general  railroad 

law  of  1868,  and  filed  in  office  of  secretary  of  State 147 

under  act  28th  April,  1871 — lateral  railroad  by  three  persons — five  miles 184 

articles  under  act  4th  April,  1868,  for  narrow  gauge  railroads 235 

ATTACHMENT. — So  much  of  act  i6th  June,  1836,  as  provides  for  levy  and  recovery  of 

stock,  &c.  by  attachment,  extended  to  all  attachments  against  corporations 25 

property  in  the*State,  of  a  company  located  out  of  the  State,  shall  be  liable  to  levy  and 
sale,  as  if  located  in  the  State 35 

no  company  transporting  goods  shall  be  liable  in  attachment  while  goods  are  in  transitu 
and  beyond  the  Commonwealth 78 

ATTORNEY-GENERAL  to  institute  proceedings  to  ascertain  neglect  of  companies  to 

comply  with  terms  of  incorporation,  and  proceed  to  forfeiture 176 

to  institute  proceedings  against  companies  having  constructed  unauthorized  lines 180 

AUDITOR-GENERAL. — Transportation  companies  to  make  returns  to  auditor-general  of 

number  of  tons  carried,  &c.     (Supplied  but  not  repealed.) 117 

companies  not  to  go  into  operation  until  name,  date,  place  of  business,  capital  paid  in, 
&c.  registered  in  auditor-general's  office 154,  216 

companies  to  make  return  to  auditor-general  of  capital  paid  in  and  dividends  declared, 
and  when  no  dividend,  value  of  stock *55»  217 

companies  not  liable  to  tonnage  tax  to  make  report  of  net  earnings  or  income  received 
from  all  sources 158 

companies  transporting  freight  to  return  to  auditor-general  the  number  of  tons  of  freight 
carried  over,  through,  or  upon  their  works 158 

companies  liable  to  tax  on  tonnage  to  make  return  of  the  amount  of  gross  receipts  from 
all  sources •. 159 

companies    having  the  right   to   mine,   purchase,  and   sell   anthracite   coal,   to   make 
return  of  coal  mined  and  coal  purchased 159 

companies   paying  interest  to  bondholders  or  other  creditors   to  make  report  of  the 
entire  amount  of  such  interest  paid 161 


241 

PAGB 

AUDITOR-GENERAL  to  charge  interest  on  balances  due,  at  twelve  per  cent,  per  annum, 
from  time  tax  due,  and  interest  from  sixty  days  after  settlement  of  account,  at  twelve 
percent,  per  annum 162 

and  treasurer  to  appoint  agent  to  examine  books  and  papers  to  verify  returns i6a 

treasurer,  and  attorney-general  to  revise  settlements  erroneously  or  illegally  made,  and 
to  charge  or  credit  the  differences 167 

to  make  out  blank  form  of  annual  reports  and  mail  them  to  companies,  who  are  required 
to  report  on  said  blanks 178 

companies  to  report  to  auditor-general  quantity  of  coal  and  coke  and  other  mineral 
products  received  and  transported 186 

companies  to  report  to  auditor-general  amount  of  indebtedness  and  interest  paid 201 

companies  having  the  right  to  mine,  purchase,  and  sell  coal,  to  make  return  of  coal 
mined  and  purchased 219 

and  State  treasurer  to  appoint  agent  to  examine  books  and  papers  to  verify  returns 220 


BAGGAGE. — Passengers  entitled  to  have  carried  one  hundred  pounds  weight  and  $300  value ; 

companies  not  to  be  liable  for  baggage  not  placed  in  baggage  car 138 

baggage  masters  and  others  injuring  or  destroying  baggage,  guilty  of  misdemeanor,  and 
liable  to  fine  not  over  $100 174 

BAIL,  in  appeals  from  judgments  of  justices  of  peace  and  from  awards  of  arbitrators,  shall 

be  absolute  for  all  costs 25 

in  appeals  from  judgments  of  justices  of  peace  and  from  awards  of  arbitrators,  shall  be 
absolute  for  debt,  interest,  and  costs 35 

BEAVER  COUNTY.— Bonds  of  Beaver  county  held  by  Cleveland  and  Pittsburg  Railroad 

Company  may  be  sold  below  par,  rate  to  be  fixed  by  commissioners  of  county 77 

BEDFORD   COUNTY.— Provisions  of  lateral  railroad  law  and  supplement  extended  to 

Bedford  and  other  counties,  and  roads  under  or  over  surface 36 

in  cases  of  assignments  on  account  of  inability  to  pay  debts,  wages  and  salaries  of  em- 
ployees to  be  paid  first,  before  other  creditors 108 

BERKS   COUNTY.— Act  22d  March,  1871,  for  determination  of  rights   when  highway 

abandoned,  not  to  extend  to  Berks  county 183 

trespassing  on  cars  in  Berks  county  and  riding  without  payment  of  fare,  penalty  of  $5 
and  arrest 191 

Berks  and  other  counties  exempt  from  act  28th  April,  1870,  relating  to  change  of  venue..  192 

BLAIR  COUNTY.— Provisions  of  lateral  railroad  law  and  supplement  extended  to  Blair  and 

other  counties,  and  roads  under  or  over  surface 36 

in  cases  of  assignments  on  account  of  inability  to  pay  debts,  wages  and  salaries  of  em- 
ployees to  be  paid  before  other  debts 108 

BLANKS. — Auditor-general  to  prepare  and  forward  blanks  to  be  used  by  corporations  in 

making  returns 178 

secretary  of  internal  affairs  to  forward  blanks  to  be  used  by  corporations  in  making 
returns 229 

BOARD  OF  REVISION  of  Philadelphia  to  report  to  auditor-general  taxable  property  and 

county  debt... ••••••.•«••••• 228 

BONDS. — When  money  borrowed  and  bond  given  for  a  greater  amount  than  received  not 

usury 21 

bonds  and  certificates  of  loan  of  railroad  companies  and  of  Philadelphia  and  districts 
to  be  subject  to  taxation  for  State  purposes  only 75 

bonds  of  Allegheny  county  held  by  Cleveland  and  Pittsburg  Railroad  Company  may  be 
sold  below  par,  rate  to  be  fixed  by  commissioners  of  county 77 

act  2d  March,  1855,  extended  to  all  railroad  companies  to  capital   stock  of  which 
Allegheny  county  subscribed 77 


242 

p/ 

BONDS. — Where  companies  have  issued  or  may  issue  and  dispose  of  bonds  for  less  than 
par,  not  to  be  deemed  usury , 

commissioners  of  Allegheny  county  to  exchange  stock  of  railroad  companies  for  bonds 
of  the  county  issued  for  stock 

bond  to  be  filed  with  petition  for  appointment  of  viewers  to  assess  damages  for  right  of 
way  

executors  and  others  may  exchange  bonds  of  Allegheny  county  for  stock  of  railroad 
companies  for  which  bonds  were  issued.. 

any  railroad  company  may  purchase  and  hold  stock  and  bonds  of  any  other  railroad 
company  in  the  State 

bonds   may  be  issued  and  mortgage  given  to  secure  same  on  any  branch,  lateral,  or 
diverging  railroad 

bonds   may  be  issued  and  mortgage  given  to   secure  same  for  payment  of  debts  of 
consolidated  roads 

corporations  to  pay  plaintiff's  counsel  fees  in  cases  where  validity  of  bonds  contested 
and  established 

Allegheny  county  exempted  from  provision  of  act  sd  May,  1866,  for  payment  of  plaintiff 's 
counsel  fees 

may  be  issued  for  borrowed  money  and  mortgage  given  to  secure  same,  under  general 
railroad  law  of  4th  April,  1868 

and  stock  of  any  railroad  company  of  this  or  any  other  State  may  be  purchased  and  held 
by  companies  of  this  State 

and  stock  of  coal,  iron,  and  lumber  companies  may  be  purchased  or  guaranteed  by  any  rail- 
road or  canal  company 

act  of  loth  April,  1867,  authorizing  sale  of  corporate  property  on  a  bond  same  as  on 
mortgage,  repealed 

bonded  debt  and  capital  stock  may  be  increased  by  any  corporation  fifty  per  cent 

any  two  or  more  railroad  companies  may  jointly  endorse  or  guarantee  bonds  of  any  other 
railroad  company 

any  canal  or  navigation  company  may  purchase  and  hold  stock  and  bonds  of  any  rail- 
road company 

private  corporations  may  subscribe  for  and   purchase  stock  and   bonds  of  American 
Steamship  Company 

act  3d  May,  1866,  for  payment  of  counsel  fees,  to  mean  only  cases  where  validity  of  bonds 
contested  and  established 

companies  in  Susquehanna,  Wyoming,  Wayne,  and  Luzerne  counties  may  purchase  and 
hold  stock  and  bonds  of  any  other  railroad  company 

executor,  &c.  holding  stock  and  bonds  of  any  company  authorized  to  consolidate  may 
exchange  them  for  stock  and  bonds  of  consolidated  company 

and  obligations  of  any  railroad  corporation  may  be  secured  by  mortgage  upon  property, 
rights,  and  franchises 

interest  on  bonds  and  evidences  of  debt  subject  to  State  tax  of  five  per  cent 

may  be  registered  in  name  of  holder  and  transferable  only  on  company's  books 

may  be  further  secured  by  mortgage  on  remaining  estate,  property,  and  franchises 

BONUS  OR  TAX  to  be  paid  to  State — one-fourth  of  one  per  cent,  on  stock  increased 

BOOKS  AND  PAPERS  may  be  examined  by  auditor-general  and  State  treasurer  or  an 
agent,  to  verify  returns  made 162, 

BRADFORD  COUNTY.— Act  28th  March,  1868,  for  protection  of  farmers  and  owners  of 
cattle,  &c.,  and  supplement  extended  to  Bradford  and  other  counties 

act  22d  March,  1871,  for  determination  of  rights  when  highway  abandoned,  not  to  extend 
to  Bradford  county 

BRANCHES  may  be  constructed  from  main  line  by  companies,  under  general  railroad  law 
of  4th  April,  1868 

BREACH  OF  PEACE. — Conductors  may  arrest  persons  committing  breach  of  peace  on 
cars  passing  through  Erie,  Crawford,  Warren,  and  Venango  counties 

BRIDGES  to  be  constructed  by  proprietors  of  lateral  railroads  to  enable  all  persons  to  pass 
over  railroads  at  public  roads 

to  be  constructed  by  proprietors  of  lateral  railroads  to  enable  occupants  of  land  to  pass 
over  railroads  on  their  lands 


243 

PAGE 
BRIDGES. — Persons  setting  fire  to  wooden  bridges  to  be  punished  for  arson,  and  forfeit  not 

more  than  #2000 Ia 

not  required  to  be  erected  for  accommodation^  owner  or  occupant  of  land  when  public 
road  runs  through  such  land 48 

act  regulating  turnpike  and  plank-road  companies  and  bridge  laws  introduced  in  connec- 
tion with  act  sth  April,  1849 $i 

provisions  of  laws  relating  to  bridges  over  rivers,  &c.  extended  to  bridges  erected  over 
railroads  and  canals — bridges  not  to  obstruct 78 

bridges  used  by  connecting  roads  shall  be  paid  for  (use  of)  at  rate  of  one-half  the  interest 
on  cost  of  bridge 128 

BUCKS  COUNTY.— Act  February  2ist,  1872,  to  prevent  trespassing  upon  cars  in  Berks 

county,  extended  to  Bucks 198 

BURGLARS  found  at  any  railroad  depot,  &c.  in  Erie,  Corry,  Meadville,  or  Titusville,  to  be 

arrested  and  committed  to  jail 130 

policemen  to  be  appointed  in  Erie,  Crawford,  Warren,  and  Venango  counties,  to  protect 
citizens  and  strangers  from  burglars,  &c 131 

BY-LAWS,  under  general  railroad  law  of  1849 4° 

may  be  made  by  companies,  under  general  railroad  law  of  4th  April,  1868 148 


CAMBRIA  COUNTY.— Provisions  of  lateral  railroad  law  of  1832  extended  to  Cambria 

and  other  counties 19 

provisions  of  lateral  railroad  law  of  1832  repealed  as  to  Cambria  county 29 

CANADA  THISTLES  and  noxious  weeds  to  be  cut  down  by  railroad  companies  in  the 

county  of  Erie 81 

every  person  and  corporation  holding  lands  to  cut  down  Canada  thistles,  to  prevent 
their  going  to  seed — penalty  $15 102 

CANAL  COMPANIES  may  construct  and  operate  lateral  railroads  and  branches  from 

points  on  their  lines  to  mines,  quarries,  &c 176 

CAPITAL  STOCK. — The  mode  of  making  subscriptions  to  stock,  under  general  railroad  law 

of  1849 38 

at  all  general  meetings  and  elections  by  stockholders,  each  share  of  stock  entitled  to  one 
vote  (general  law  of  1849) 42 

certificates  of  stock  to  be  delivered  to  each  person  entitled,  and  may  be  transferred  in  a 
book  at  office  of  company  (general  law  1849) 43 

provisions  as  to  calling  for  payments  for  stock  and  forfeiture  of  stock  if  not  paid  when 
called  (general  law  1849) 44 

any  railroad  company  in  this  State  may  purchase  and  hold  stock  and  bonds  of  any  other 
company 97 

when  any  merger  or  consolidation  takes  effect,  company  into  which  merger  takes  place 
to  have  right  to  increase  capital  stock,  &c 116 

companies  authorized  to  issue  such  additional  shares  as  may  be  necessary  to  construct 
and  fully  equip  their  railroad *23 

of  companies  consolidated  may  be  merged  and  converted  into  stock  of  new  company — 

see  terms  and  proceedings. I23 

each  share  of  stock  held  in  any  railroad  company  shall  entitle  the  holder  to  one  vote ia8 

when  any  railroad  sold  by  decree  of  court,  any  connecting  company  may  purchase  and 
issue  their  own  stock  for  same I29 

when  company  authorized  to  increase  stock,  president  and  directors  to  determine  how 
and  by  whom  subscribed,  installments,  &c X38 

shares  held  by  any  stockholder  in  any  company  liable  to  pay  tax  on  same  shall  not  be 
liable  to  tax  in  hands  of  holder X39 

subscription,  issue,  and  increase  of  stock  under  act  4th  April,  1868,  regulated 147,  149 


244 

p, 

CAPITAL  STOCK. — Capital  paid  in,  name  of  corporation,  place  of  business,  to  be  reported 
to  auditor-general  before  going  into  operation 

capital  paid  in,  date,  amount,  and  rate  of  all   dividends   declared,  to  be  reported  to 
auditor-general;  when  no  dividend,  stock  to  be  valued 

capital  stock  to  pay  a  State  tax  of  one-half  mill  for  each  one  per  cent,  of  dividend 
declared;  when  no  dividend,  three  mills  on  value 

except  railroad,  &c.,  shall  pay  a  bonus  of  one-quarter  of  one  per  cent,  on  amount  of 
capital  authorized 

companies  chartered  in  this  State  may  purchase  and  hold  (or  guarantee)  the  stock  and 
bonds  of  any  other  railroad  company 

companies  may  aid  to  develop  iron,  coal,  and  other  interests,  by  purchase  of  capital  stock 
and  bonds,  &c 

companies  authorized  to  increase  bonded  obligations  and  capital  stock  fifty  per  cent, 
over  amounts  heretofore  authorized 

canal  companies  may  purchase  and  hold  stock  and  bonds,  and  lease  the  road,  or  become 
merged  with  railroad  companies 

private  corporations  authorized  to  subscribe  to  or  purchase  capital  stock  and  bonds  of 
American  Steamship  Company 

companies  in  Susquehanna,  Wyoming,  Wayne,  and   Luzerne  may  purchase  and  hold 
stock  and  bonds,  and  lease  or  become  merged  and  consolidated  with  other  companies... 

married  women  may  sell  and  transfer  any  stock  owned  by  them  the  same  as  if  unmarried, 

companies,  with  consent  of  stockholders,  may  issue  preferred  stock  not  exceeding  one- 
half  the  capital  stock  of  the  corporation , 

held  by  executor,  &c.,  acting  under  authority  of  other  states  or  kingdoms,  &c.,  may  be 
transferred,  when  copy  of  will  or  other  authority  filed  in  register's  office ; 

held  by  executor,  &c.  in  consolidated  companies,  may  be  exchanged  for  new  stock  of 
the  consolidated  company 


preferred,  issued  underact  April  3d,  1872,  may  be  in  classes,  &c. 
may  be  sold  and  transferred  by  married  women  as  if  unmarried., 
manner  of  increasing  capital  stock  provided 


capital  paid  in,  name  of  corporation,  and  place  of  business  to  be  reported  to  auditor- 
general  before  going  into  operation : 

capital  paid   in,  date,  amount,  and  rate  of  all   dividends  declared,  to  be  reported  to 
auditor-general;  when  no  dividend,  stock  to  be  valued : 

capital  stock  to  pay  a  State  tax  of  nine-tenths  of  one  mill  for  each  one  per  cent,  of 
dividend  declared;  when  no  dividend,  six  mills  on  value 

service  of  process  to  enforce  payment  of  installments  due 

may  be  transferred  without  liability  on  part  of  company  to  see  to  execution  of  trust : 

CARBON  COUNTY.— Whenever  any  highway,  &c.  of  any  company  not    used  for  five 
years,  to  be  deemed  to  be  abandoned  and  rights  of  company  to  cease 

CATTLE,  HORSES,  &c.— Drovers,  owners,  and  shippers  to  enter  stock-yards  to  feed  and 
take  care  of  animals  and  enter  cars  to  place  bedding 

companies  owning  or  operating  railroads  through  Erie  county  to  keep  fences  on  each 
side,  to  be  liable  for  damages  to  cattle,  and  fine  of  $50 

companies  running  trains  through  Warren  county  to  keep  fences  ;  if  not,  any  person  may 
build  and  recover  from  company,  with  ten  per  cent,  added 

companies  owning  or  operating  railroads  in  Centre  county  to  keep  fences  on  each  side, 
to  be  liable  for  damages  to  cattle,  and  fine  of  $50 

provisions  of  act  23d  March,  1868,  shall  not  apply  to  lands  in  Erie  county,  where  owner 
contracted  to  fence  along  railroad 

companies  neglecting  to  perform  duties  of  act  28th  March,  1868,  relating  to  fencing  roads 
in  Warren  county,  liable  to  owners  for  damages 

,  relating  to  fencing 


provisions  of  act  28th  March,  1868,  and  supplement  ijth  April,  1869 
roads  in  Warren  county,  extended  to  Bradford,  McKean,  and  Venango 


CAUSEWAYS. — Proprietors  of  lateral  railroads  to  construct  causeways  to  enable  persons 
to  cross  railroads  at  public  roads 

proprietors  of  lateral  railroads  to  construct  causeways  to  enable  persons  to  cross  railroads 
passing  through  their  lands 

causeways  to  be  made  at  public  roads  and  at  places  where  road  passes  through  land 
(general  law  1849) 


245 

PAGB 

CENTENNIAL  EXPOSITION.— Passenger  railways  in  Philadelphia  to  pay  tax  for 202 

CENTRE  COUNTY.— Companies  owning  and  operating  railroads  in  Centre  county  to  keep 

fences  on  each  side,  to  be  liable  for  damages  to  cattle,  and  fine  of  $50 151 

CERTIFICATES.— Certificates  of  stock  to  be  delivered  to  each  person  entitled,  and  may 

be  transferred  in  a  book  at  office  of  company  (general  railroad  law  1849) 43 

CERTIFICATE.— Agents  to  have  certificate  showing  authority  to  sell  tickets  for  trans- 
portation, to  keep  posted  in  office,  and  show  it m 

of  increase  of  capital  stock  to  be  filed  in  office  of  secretary  of  Commonwealth 213 

of  acceptance  of  Article  XVII.  of  Constitution  to  be  recorded  in  secretary's  office 230 

CHANGE    OF    NAME. — Courts    of   quarter    sessions   empowered   to   change   names  of 

corporations  within  their  respective  counties + 23 

common  pleas   authorized   to   change   names   of  corporations   within    their  respective 
counties — authority  of  quarter  sessions  repealed 172 

CHANGE  OF  VENUE. — Either  party  in  suits  by  or  against  railroads  may  remove  them  to 

an  adjacent  county  through  which  road  not  located 10 

the  costs  of  suits   removed  to  an  adjacent  county  to  be  borne  by  county  where  suits 
originated 15 

act  of  i4th   April,  1834,  repealed  as    to  actions  on  contracts,  and  such   actions  to  be 
returned  to  county  where  originated 20 

proceedings  to  assess  damages  for  land  shall  be  held  in  the  county  in  which  land  is 
situate,  and  not  elsewhere 154 

either  party  in  any  suit  by  or  against  any  corporation   may  remove  same  into  any 
adjacent  county,  on  making  affidavit,  &c 181 

expenses  of  suits  removed  under  act  z8th  April,  1870,  shall  be  paid  by  county  from 
which  suits  removed , 190 

Lancaster,  Venango,  and  Berks  counties  exempt  from  act  28th  April,  1870,  relating  to 
removal  of  suits 192 

CHATTEL    MORTGAGE.— To    secure    payment    of  wages    of  miners,    laborers,  &c., 

authorized  for  a  limited  period,  till  ist  February,  1859 88 

CHECKS. — Certificate  or  obligation  not  redeemable  in  gold  or  silver  not  to  be  issued 63 

CITY  RAILROAD.— Councils  of  Philadelphia  to  pass  ordinance  requiring  the  delivery  of 

certificate  of  contents  of  cars  passing  over  city  railroads 1 22 

CITY  LOANS.— Certificates  of  loan  issued  by  city  of  Philadelphia  and  districts  for  capital 

stock  in  railroad  companies  liable  to  taxation  for  State  purposes  only 75 

CLARION  COUNTY. — Lateral  railroads  may  be  constructed  in  Clarion  county  under  act 

5th  May,  1832 74 

CLERK'S   WAGES,   for  any  period  not  exceeding  six    months  before  any  assignment, 

shall  be  a  lien  on  mine,  manufactory,  &c.,  and  first  paid 195 

CLEVELAND  AND  PITTSBURG  RAILROAD  CO.,  authorized  to  sell  bonds  received 
from  counties  of  Beaver  and  Allegheny  in  payment  of  subscriptions  to  capital  stock,  at 
rates  below  par 77 

act  noted  above  extended  to  all  companies  to  the  capital  stock  of  which   Allegheny 
county  subscribed 77 

COAL  WEIGHED.— Weigh-masters  of  railroads  in  Schuylkill  county  to  keep  a  record  of 

all  coal  passing  over  their  lines,  and  give  certificates  of  same 76 

COAL    MINED   AND    PURCHASED.— Anthracite  to  be   reported  to  auditor-general, 

and  to  pay  a  tax  of  four  cents  per  ton  for  every  ton  mined 159 

anthracite  to  be  reported  to  auditor-general,  and  to  pay  a  tax  of  three  cents  per  ton 
for  every  ton  mined 2I9 

COAL.— Companies  whose  roads  pass  through  any  coal  region  of  State,  to  report  to  auditor- 
general  quantity  of  coal  and  coke  received  for  transportation 186 

COAL  MINING  COMPANIES  to  pay  tax  of  three  cents  per  ton  mined  or  purchased 219 

COAL  LEASE  MORTGAGES.— Section  4,  proviso  of  act  April  9th,  1872,  not  to  apply  to...  223 
COKE. — Tonrtage  tax  on  not  to  be  greater  than  on  product  of  mines 164 

companies  whose   roads   pass  through  any  coal  region  of  State,  to  report  to  auditor- 
general  quantity  of  coal  and  coke  received  for  transportation 186 

COLUMBIA  COUNTY.— Lateral  railroad  law  of  1832  and  supplements  extended  to 

Columbia  county  and  Tioga  county 20 

COLOR  OR  RACE.— Companies  allowing  conductors  to  exclude  persons  from  cars  on 

account  of  color  or  race  liable  to  action  for  $500 *3° 


246 


PA< 

COMMENCEMENT. — Construction  not  commenced  within  three  years  charter  to  be  null 
and  void,  except  as  to  damages  (general  law  1849) 

roads  to  be  built  under  act  4th  April,  1868,  to  be  commenced  within  two  years  from 
organization i 

COMMISSIONERS  of  counties  to  adjust  compensation  for  bridges  used  by  railroads 2 

to  make  return  of  taxable  property  and  county  debts 2 

COMPENSATION. — No  stone,  gravel,  sand,  wood,  or  other  material  to  be  taken  under 
lateral  law  until  compensation  settled 

section  4,  Article  VII.,  of  Constitution,  relative  to  taking  private  property  for  public  use, 
to  apply  to  all  acts  passed  at  present  session  (1845) 

section  4,  Article  VII.,  of  Constitution,  &c.,  as  above  (1846) 

acts  passed  present  session  (1848)  not  to  authorize  any  company  to  take  land  without 
compensation,  &c 

to  be  made  for  land   and   materials,  or  ample  security  tendered  (general  law  1849)... 

viewers  to  be  appointed  to  assess  damages  where  railroad  passes  through  lanes,  streets, 
or  alleys  in  Mifflin  county 

viewers   to  be   appointed  to   assess   damages   in    Lykens,   Williams,   or   Bear  valley, 
Dauphin  county,  for  lateral  railroad 

where  parties  cannot  agree  upon  compensation  for  land,  company  may  tender  a  bond  or 
file  same  in  court 

viewers  to  report  whether  road  asked  for  is  necessary  for  public  or  private  use,  as  well 
as  the  damages  sustained 

act  i4th  April,  1834,  extended  to  all  suits,  as  well  for  damages  for  construction  as  for 
any  other  cause .'. 

to  be  made  to  owners  of  lands,  wharves,  docks,  or  piers,  by  companies  requiring  same 
when  crossing  or  reaching  navigable  streams i 

companies   authorized   to  widen,    straighten,    enlarge,    &c.  lines,   and    take   property 
therelbr,  and  make  compensation  or  tender  security i 

provisions  of  act  gth  April,  1856,  and  27th  April,  1855,  applicable  to  all  cases  arising 
under  act  ijth  March,  1869 i 

for  use  of  county  bridges  by  railroads  to  be  adjusted  with  commissioners 2 

COMMON  PLEAS. — Authorized  to  change  names  of  corporations  within  their  respective 
counties — authority  of  quarter  sessions  repealed i 

COMPLETION. — Road  not  completed  within  time  fixed  by  special  act,  or  suffered  logo 
into  decay,  charter  to  be  null  (general  law  1849) 

roads  to  be  built  under  act  4th  April,  1868,  to  be  completed  within  five  years i. 

time  extended  five  years— charter  to  be  subject  to  Constitution  of  1874 2 

CONDUCTOR. — Any  person  injured  through  negligence  of  any  conductor  of  cars,  fine 
not  over  $500,  imprisonment  not  over  five  years 

any  person  in  employ  of  railroad  company  neglecting  to  cancel  and  return  tickets,  fine 
not  over  $1000,  imprisonment  not  over  five  years 

of  trains  passing  through  Erie  and  Crawford  counties  to  have  power  to  arrest  persons 
for  stealing,  picking  pockets,  or  breach  of  peace i 

excluding  any  person  from  cars  on  account  of  color  or  race,  fine  $100  to  $500,  and 
imprisoned  thirty  days  to  three  months i 

CONNECTIONS.— The  Philadelphia,  Wilmington  and  Baltimore  Railroad  Company  to 
unite  with  other  railroads  in  county  of  Philadelphia  to  form  continuous  line 

two  railroads  connecting  with  each  other  may  run  their  cars  and  locomotives  upon  each 
other  with  consent,  &c 

Pennsylvania  Railroad  Company  authorized  to  run  their  cars  and  locomotives  over  all 
continuous  and  connecting  railroads 

so  much  of  act  of  3d  March,  1853,  as  relates  to  Pennsylvania  Railroad  Company  carry- 
ing passengers,  baggage,  and  mails  over  Philadelphia  and  Columbia  Railroad,  repealed,     : 

act  i3th  March,  1847,  construed  to  authorize  companies  to  enter  into  contracts  for  use, 
management,  and  working  of  roads 

connecting  railroads  may  enter  into  contracts  for,  use,  lease,  and  operate  said  railroads..     < 

road  leased   to   a   connecting  road,  and  to  be  kept  in  repair  by  lessees,  the  latter  to 
have  same  rights  and  privileges  as  company  owning  road < 


247 

PAGE 

CONNECTIONS.— Connecting  railroads,  bridges,  and  tunnels  used  by  each  other  to  be 

paid  for  at  rate  of  one-half  interest  on  cost,  at  seven  per  cent 128 

companies  formed  under  act  4th  April,  1868,  may  connect  with  other  roads  of  a  similar 
character 150 

railroads  used  or  leased  by  company  whose  road  connects  therewith,  company  using 
or  leasing  may  endorse,  &c.  bonds  of  leased  road '  153 

when  any  company  contracts  for  right  to  connect  with  any  other  road,  no  person  shall 
interfere  until  right  established  by  highest  tribunal 169 

companies  connecting  authorized  to  lease  and  become  lessees,  or  enter  into  any  other 
contracts  (Pittsburg  and  Connellsville  Railroad  excepted) 175 

CONSOLIDATION. — Any  company   chartered  by  this  Commonwealth  may  merge   into 

any  other  company  upon  the  terms  fully  specified 98 

when  any  merger  or  consolidation  takes  effect,  company  into  which  merger  takes  place 
to  have  right  to  increase  capital  stock,  &c 116 

company  into  which  merger  takes  place  to  have  the  right  to  issue  bonds  and  create 
mortgage  for  debts  of  companies  consolidated 121 

companies  may  merge  and  consolidate  stock,  franchises,  &c.,  when  they  form  a  con- 
tinuous line,  terms  specified  in  full 123 

when  merger  or  consolidation  has  taken  place,  company  into  which  merger  takes  place 
shall  have  all  the  power  of  company  into  which  merged 144 

when  merger  made,  companies  to  specify  in  agreement  what  rights,  powers,  &c.  shall  • 
be  vested  or  merged 168 

canal  companies  may  purchase  and  hold  stock  and  bonds  and  lease  the  road  or  become 
merged  with  railroad  companies 180 

any  company  may  merge  and  consolidate  its  stock,  franchises,  and  property  with  any 
other  company  whose  road  lies  within  or  partly  within  State 181 

companies  in  Susquehanna,  Wyoming,  Wayne,  and  Luzerne  may  purchase  and  hold 
stock  and  bonds  and  lease  or  become  merged  or  consolidated  with  other  companies....  188 

capital  stock  held  by  executors,  &c.  in  consolidated  companies  may  be  exchanged  for 
new  stock  of  the  consolidated  company 197 

CONSTITUTION.— To  enforce  section  6  of  Article  XVII.,  in  relation  to  contracts  and  trans- 
portation lines 224 

acceptance  of,  in  connection  with  remission  of  forfeiture  of  charters 227 

to  enable  companies  to  accept  terms  of  seventeenth  article 230 

to  carry  into  effect  section  8  of  Article  XVII..  in  relation  to  free  passes 234 

time  for  completion  extended  five  years — charters  held  subject  to 234 

remission  of  forfeiture  under  act  May  isth,  1874,  to  subject  companies  to 236 

CONSTRUCTION. — Companies  to  have  the  right  to  construct  railroads  under  the  surface 

over  any  intervening  lands 19 

provisions  as  to  locating  and  constructing  road,  entry  upon  land,  taking  material,  &c. 
(general  law  1849) 45 

no  railroad  terminating  in  Philadelphia  shall  locate  and  construct  in  city  without  sub- 
mitting plans,  &c.  to  board  of  surveys 78 

CONTRACTS.— Officers,   directors,  agents,    or    employees   not   to   be   interested   in  any 

contract  for  materials  or  supplies 79,  224 

railroad  companies  may  enter  into  contracts  with  canal  companies  in  respect  to  traffic 
to  be  carried  on  their  respective  works 115 

companies  connecting  authorized  to  lease  and  become  lessees,  or  enter  into  any  other 
contract  (Pittsburg  and  Connellsville  Railroad  excepted) —  175 

authority  of  act  i7th   February,   1870,  in  regard  to  leases  and  contracts   by  railroad 
companies,  extended  to  contracts  and  leases  relating  to  canals 185 

for  relocation,  changing,  or  elevating  railroads  may  be  made  with  county  authorities 232 

CONTRACTORS. — Companies  not  to  make  assignments  to  defeat  or  delay  payment  of 

wages  to  contractors,  laborers,  or  workmen 22 

arbitrators  in  actions  between  contractors,  laborers,  or  workmen  and  corporation  may 
require  production  of  books  and  papers 29 

whenever  any  company  divest  themselves  of  estate,  by  assignment  or  otherwise,  con- 
tractors, laborers,  and  workmen  to  have  scire  facias,  &c 103 


248 

PAGE 
COSTS. — The  costs  of  suits  removed  to  an  adjacent  county  to  be  borne  by  county  where 

suits  originated * 15 

award  or  judgment  in  favor  of  plaintiff  in  cases  of  assessment  of  damages  to  land  shall 
carry  costs 21 

bail  taken  in  cases  of  appeals  from  judgments  of  justices  or  award  of  arbitrators  shall 
be  absolute  for  all  costs 25 

in  addition  to  costs,  plaintiff's   counsel  fees   shall  be  paid  in  cases  where  validity  of 
bonds  contested  and  established 134 

expenses  of  suits  removed  under  act  28th  April,  1870,  shall  be  paid  by  county  from 
which  suits  removed 190 

COUNSEL  FEES.— In  addition  to  costs,  plaintiffs  counsel  fees  shall  be  paid  in  cases  where 

validity  of  bonds  contested  and  established 134 

Allegheny  county  exempted  from  provisions  of  act  3d  May,  1866,  in  relation  to  paying 
counsel  fees  in  cases  where  bonds  contested 142 

corporations  named  in  act  3d  May,  1866,  shall  only  be  compelled  to  pay  counsel  fees  in 
cases  where  validity  of  bonds  established 183 

COUNTY  BRIDGES  used  by  railroads,  compensation  to  be  adjusted  with  commissioners...  226 

CROSSINGS. — Crossing  or  causeway  not  to  be  made  on  land  where  such  land  borders  on 

public  road  (general  law  1849) 48 

engineer  or  agent  obstructing  crossings  of  public  streets  or  roads  liable  to  penalty  of  $25..     26 

companies  obstructing  free  passage  at  any  private  road  or  crossing  liable  to  penalty 
of  $30 68 

lateral  railroads,  having  right  to  cross  other  roads  at  grade,  not  to  cross  at  more  than 
two  crossings  or  with  double  track 88 

preamble,  that  whenever  convenient,  railroads  using  steam  should  pass  over  or  under 
public  highways 116 

companies  formed  under  act  4th  April,  1868,  may  cross  other  railroads  at  grade,  keep 
in  repair,  and  flagmen ,  150 

duty  of  courts  to  ascertain  and  define  mode  of  crossing  inflicting  the  least  injury  and 
to  prevent  grade-crossing  when  practicable 190 

CRAWFORD  COUNTY.— Professional  thieves,  pickpockets,  and  burglars  found  at  any 

depot  in  Erie  or  Crawford  county,  to  be  arrested  and  committed 130 

professional  thieves,  pickpockets,  and  burglars  may  be  arrested  by  conductors  on  cars  in 
same  counties 131 

professional  thieves,  pickpockets,  burglars,  and  vagrants  loitering  about  depots  in  Erie, 
Crawford,  Venango,  and  Warren  to  be  arrested 131 

CRUSHED  ROCK  SAND.— Tonnage  tax  on,  not  to  be  greater  than  on  product  of  mines...  164 


DAMAGES  FOR  CATTLE.— Companies  to  erect  fences  on  both  sides  railroad  in  Erie 

county,  or  to  be  liable  to  owner  for  damages  to  cattle,  and  penalty  of  $50 141 

companies  to  erect  fences  along  tracks  in  Warren  county ;  if  neglected,  any  person,  after 
notice,  may  construct,  and  collect  from  company 142 

companies  to  erect  fences  along  roads  in  Centre  county  ;  answerable  to  owner  of  cattle 
for  damages,  and  to  penalty  of  $50 151 

act  of  23d  March,  1868,  for  fencing  in  Erie  county  not  to  apply  where  owner  contracted 
to  fence,  but  company  to  be  liable  when  fence  burned  by  locomotive 153 

companies   neglecting  to  perform  duties  (fencing)  imposed  by  act  March   28th,  1868, 
in  Warren  county,  to  be  answerable  to  owner  of  cattle  injured 172 

DAMAGES   BY   FIRE.— Companies  in  Erie  county  to  be  liable  to  penalties  in  act  23d 

March,  1868,  when  fences  destroyed  by  fire  from  locomotives 153 

DAMAGES  TO  GOODS.— Carriers  allowing  flour,  corn,  or  meal  to  be  wet  or  damaged  for 

want  of  care,  to  pay  owner  twenty-five  cents  for  every  cask  over  and  above  damage...     n 


249 

PAGE 

DAMAGES  TO  PROPERTY,  caused  by  negligence  of  engineer  or  conductor,  guilty  of 

misdemeanor,  fine  $50,  imprisonment  six  months 12 

DAMAGES  TO  LAND,  for  the  construction  of  lateral  railroads,  shall  be  assessed  by  six 

men  of  the  county,  appointed  by  common  pleas 4 

ground  shall  not  be  broken  nor  construction  of  lateral  railroad  commenced  until  damages 
awarded  are  paid  or  tendered ....      6 

if  the  viewers  or  a  jury  shall  find  for  plaintiff  any  sum  of  damages  for  construction,  such 
award  or  verdict  shall  carry  costs 21 

in  all  cases  where  security  is  to  be  given  for  damages  to  land,  such  security  may  be 
approved  by  any  two  judges  during  vacation 24 

the  fourth  section  of  seventh  article  of  Constitution  shall  apply  to  all  cases  of  land  to  be 
taken,  as  if  incorporated  in  each  act  (1845) 25 

the  fourth  section  of  seventh  article  of  Constitution  shall  apply  to  all  cases  of  land  to  be 
taken,  as  if  incorporated  in  each  act  (1846) 28 

the  fourth  section  of  seventh  article  of  Constitution  shall  apply  to  all  cases  of  land  to  be 
taken,  as  if  incorporated  in  each  act  (1848) 37 

compensation  to  be  made  or  security  tendered  under  general  railroad  law  of  1849;  court 
to  appoint  viewers  to  assess,  if  parties  cannot  agree 46 

in  cases  where  railroads  located  through  towns  in  Mifflin  county,  quarter  sessions  to 
appoint  viewer  to  assess  damages 66 

in  application  for  right  to  build  lateral  railroad  in  Lykens,  Williams,  or  Bear  valley, 
Dauphin  county,  quarter  sessions  to  appoint  viewers 66 

where  parties  cannot  agree  upon  damages,  bond  to  be  filed  in  court,  and  either  party 
may  appeal  from  award  and  have  trial  by  jury 83 

viewers  appointed  to  assess   damages  for  lateral   railroads  to  report  whether  road  is 
necessary  for  public  or  private  use,  as  well  as  damages 89 

act   i4th   April,    1834,  (change   of  venue,)  shall   extend   to   all   suits   against  railroad 
companies,  as  well  for  damages  for  construction  as  for  any  other  cause 96 

act  5th  May,  1832,  for  lateral  railroads,  construed  to  authorized  single  or  double  track, 
•    with  necessary  sidings,  wharves,  &c.,  damages  to  be  ascertained  and  paid  as  under 
general  railroad  law 127 

no  suit  for  damages  for  construction  unless  brought  within  five  years  after  entry  upon 
land  or  within  three  years  after  road  in  operation 134 

act  i7th  April,  1866,  (next  above,)  shall  not  apply  to  actions  pending  at  the  time  of 
passage  of  said  act 139 

all  proceedings  for  assessment  of  damages  to  land  for  construction  shall  be  had  in 
county  where  land  situate 154 

companies  to  widen  and  straighten  lines,  make  compensation  before  entry,  or  tender 
security  ;  damages  to  be  ascertained  as  in  act  February  igth,  1849 167 

in  actions  for  right  to  construct  lateral  railroads,  wharves,  and  landings,  appeal  to  court 
shall  extend  not  only  to  damages  but  necessity  of  the  proposed,  &c 182 

second  and  third  sections  of  gth  April,  1856,  and  section  one  of  act  2yth  April,  1855,  are 
extended  to  all  cases  arising  under  the  act  of  i7th  March,  1869 185 

appeal  from  assessment  by  viewers  when  not  otherwise  provided 232 

DANGEROUS  MATERIAL.— Delivery  for  transportation,  storage,  and  sale  regulated 222 

DAUPHIN  COUNTY.— Act  of  sth  May,  1832,  construed  to  apply  to  construction  of  lateral 

roads  under  or  over  surface  of  intervening  lands 36 

owner  or  lessee  of  coal  lands  in  Lykens,  Williams,  or  Bear  valley,  Dauphin  county,  to 
have  authority  to  construct  lateral  roads 66 

DEATH. — No  action  for  damages  for  injuries  to  the  person  shall  abate  by  reason  of  death 

of  plaintiff,  but  personal  representative  may  be  substituted 70 

persons  entitled  to  recover  damages  for  injury  causing  death  shall  be  husband,  widow, 
children,  or  parents  of  deceased 79 

limitation  of  one  year  for  commencing  suit  in  act  26th  April,  1855,  restricted  to  cases 
accruing  after  passage  of  that  act 87 

if  injury  or  death  result  from  refusal  or  neglect  of  employee  to  observe  any  rule  of  com- 
pany, fine  $5000,  and  imprisonment  five  years "9 

whenever  injury  or  loss  of  life  occur  to  any  person  employed   on  or  about  railroad, 
right  of  action  same  as  if  employee 145 

in  all  actions  to  recover  for  injury  or  loss  of  life,  compensation  only  for  pecuniary  loss — 
not  over  $3000  for  injury,  nor  #5000  for  death *45 


250 

PAGE 

DECEDENTS. — Executors,  &c.  acting  under  authority  of  other  States,  &c.  may  transfer 

stock,  on  filing  copy  of  will,  &c 193 

DEEDS,  ACKNOWLEDGMENT  OF.— Deeds  executed  or  acknowledged  by  any  cor- 
poration, or  informally  acknowledged  by  any  officer  de  facto,  validated  as  if  executed 
according  to  law in 

third  section  of  act  22d  April,  1863,  relative  to  acknowledgments  by  notaries,  extended 
to  all  acknowledgments  by  corporations  since  passage  of  that  act 171 

DEFAULTERS.— Public  defaulters  to  be  sued  and  prosecuted  in  Dauphin  county,  and 

writs  may  issue  into  any  county 27 

in  suits  against  defaulters,  declaration  to  be  filed  with  prezcipe,  and  judgments  entered 
in  thirty  days 28 

provisions  of  section  twelve  of  act  i6th  April,  1845,  and  section  four  of  act  2ist  April, 
1846,  extended  to  all  suits  by  the  Commonwealth  against  corporations 104 

DELAWARE  COUNTY.— Act  February  2ist,  1872,  to  prevent  trespass  on  cars  in  Berks, 

extended  to  Delaware  county 207 

DETECTIVES. — Detectives,  constable,  or  police,  to  arrest  vagrants  around  depots  in  Erie, 

Crawford,  Warren,  and  Venango  counties 131 

DIRECTORS. — Companies  whose  works  and  property  are  principally  within  State  to  hold 

elections  within  State,  and  elect  majority  of  directors  citizens  of  State 33 

stockholders,  under  general  law  of  1849,  to  elect  a  president  and  twelve  directors  on 
second  Monday  in  January 41 

president  and  directors,  under  general  law  of  1849,  to  exercise  all  the  powers  granted  to 
the  corporation 42 

directors  consenting  to  declare  dividends  which  shall   impair  capital   to  be  liable  for 
amount  of  capital  divided 44 

director  shall  not  be  an  officer  receiving  a  salary,  or  surety  for  an  officer,  nor  interested 
in  any  contract 79 

the  number  of  directors  to  be  elected  by  any  railroad  company  may  be  increased  to  any 
number  not  over  thirteen 123 

where  a  majority  of  directors  or  stockholders  are  citizens  of  another  State,  company 
may  be  organized  and  meetings  held  wherever  majority  shall  appoint 130 

all  citizens  of  United  States  eligible  to  be  directors,  though  non-residents  of  State,  but 
must  be  stockholders,  and  majority  citizens  of  Pennsylvania 135 

no  suit  against  a  director  unless  brought  within  six  years  after  delivery  of  materials  or 
commission  of  act  of  negligence 137 

persons  appointed   by  governor  to  act  as  directors   to  act   without  approval  of  canal 
commissioners 140 

may  invest  surplus  or  other  funds  or  earnings  in  mortgages,  ground  rents,  United  States 
loans,  their  own  shares,  debt  of  Pennsylvania  or  Philadelphia,  &c 143 

president  and  not  less  than  six  nor  more  than  twelve  directors,  under  general  law  of 
1868,  majority  citizens  of  Commonwealth 150 

stockholders  to  determine  by  vote  the  number  of  directors,  not  over  fifteen  nor  less 
than  five,  and  majority  residents  of  Pennsylvania 152 

directors  to  add  to  their  number  by  selecting  from  stockholders  an  additional   member 
or  members,  who  shall  act  as  vice-presidents 165 

whenever  number  of  directors  increased  under  authority  of  law,  majority  of  whole 
number  to  constitute  a  quorum 170 

may  elect  from  their  number  vice-presidents,  and  prescribe  their  duties 210 

to  be  individually  liable  for  neglect  of  company  to  pay  tax  on  capital  stock 219 

not  to  be  interested  in  contracts  for  furnishing  material  or  supplies  to  company 224 

not  to  be  engaged  as  a  common  carrier  for  transportation  over  his  railroad  line 224 

DISSOLUTION. — Common  pleas  may  decree  dissolution  of  corporations  praying  to  sur- 
render their  charter 85 

the  "proper  county"  intended  by  act  9th  April,  1856,  for  dissolution,  shall  be  either 
county  in  which  principal  operations  conducted  or  principal  office  located 193 

whenever  corporation  dissolved  by  judgment  of  ouster  upon  quo  ivarranto,  all  property 
shall  vest  in  officers  of  corporation  for  benefit  of  stockholders  and  creditors 194 

whenever  corporation  dissolved,  officers  last  in  office  or  trustee  to  be  appointed  to  make 
sale  of  real  estate 215 

DISTINCTION  AS   TO   COLOR    OR    RACE.— Companies   and   conductors   excluding 

persons  from  cars  on  account  of  color  or  race,  fine  $500,  conductor  imprisoned 136 


251 


PAGE 

DITCHES. — Companies  owning  or  operating  railroads  in  Erie  county,  where  water  accumu- 
lates, to  maintain  ditches  on  both  sides  of  road 81 

DIVIDENDS  UNCLAIMED.— Companies  authorized  to  make  and  declare  dividends  to 

publish  statements  of  dividends  unclaimed  for  three  years 30 

DIVIDENDS. — Dividends  of  profit,  under  general  law  of  1849,  to  De  declared  in  January 

and  July  in  each  year .' 44 

companies  to  make  return  to  auditor-general  of  capital  paid  in,  date,  amount,  and  rate 
of  dividends  declared,  and  when  no  dividend,  to  value  stock *55»  216 

companies  to  pay  tax  of  one-half  mill  for  each  one  per  cent,  of  dividend,  and  when  no 
dividend,  then  three  mills  upon  value  of  stock 156,  219 

companies  to  pay  tax  of  nine-tenths  of  one  mill  for  each  one  per  cent,  of  dividend 
declared;  when  no  dividend  declared,  six  mills  on  value  of  stock 2i& 

upon  preferred  stock  may  be  paid  holders  not  exceeding  twelve  per  cent,  out  of  net 
earnings  ;  holders  not  liable  for  debts  of  company 192 

DOCKS,  WHARVES,  &c.— Companies  whose  roads  reach  or  cross  navigable  streams,  to 
erect  docks,  piers,  wharves,  or  take  and  hold  lands,  wharves,  piers,  &c.,  giving 
security,  &c 120 

DROVERS. — Drovers,  owners,  and  shippers  of  cattle  to  enter  stock-yards  to  feed  and  care 

for  cattle  and  place  bedding  in  cars 114 

DUALIN. — Delivery  for  transportation,  storage,  and  sale  regulated 222 

DUE  BILLS  or  checks  not  redeemable  in  gold  or  silver  not  to  be  issued 63 

DYNAMITE. — Delivery  for  transportation,  storage,  and  sale  regulated 222 


EJECTMENT. — In  ejectments  against  non-residents  of  county,  writ  may  be  served  on 

person  in  charge  of  land 73 

ELECTIONS. — Proxies  to  vote  shall  be  obtained  and  dated  within  six  months  of  election 

(under  general  law  of  1849,  within  three  months) 3 

by  corporations  chartered  by  State  to  be  held  within  the  State 33 

directions  for  holding  elections  for  directors  under  general  railroad  law  1849 41 

at  all  general  meetings  or  elections  of  stockholders  each  share  to  be  entitled  to  one  vote,  128 

annual  elections  of  non-resident  corporations  shall  be  held  in  the  State 130 

when  judges  of  election  fail  to  attend,  stockholders'  to  appoint  and  fill  vacancy 134 

companies    organized    under    act    igth    February,    1849,  to    be    subject    to    act   i3th 

March,   1847 « I4C* 

time  for  holding  annual  election  for  directors  may  be  changed  and  certified  to  auditor- 
general  ff .......................... 143 

to  be  held  by  stockholders  to  determine  upon  increase  of  stock 21* 

ELEVATION,  relocation,  and  change  of  roads  to  be  contracted  for  with  county  authorities,  232 

ELK  COUNTY. — Individuals  may  construct  railroad  from  premises  to  any  railroad,  plank 

road,  or  stream 51 

EMBEZZLEMENT  by  persons  engaged  in  transporting  goods  by  selling  or  disposing,  fined 

$500,  imprisoned  one  year 92 

of  coupons  or  tickets  by  agents  and  conductors,  fine  $5000,  imprisonment  five  years 97 

EMPLOYEES  neglecting  to  cancel  or  return  coupons  or  tickets,  fine  $5000,  imprisonment 

five  years 97 

neglecting  to  obey  rules,  and  thereby  injury  or  death  result,  fine  $5000,  imprisonment 

five  years "9 

excluding  persons  on  account  of  race  or  color,  fined  $500,  imprisoned  three  months 136 

not  to  be  interested  in  contracts  for  supplies  or  in  transportation  lines  on  road 224 


252 

PAGE 

ENDORSE  BONDS. — Companies  may  endorse  or  guarantee  bonds  of  company  whose  road 

they  lease  or  use .• 153 

any  two  companies  may  jointly  endorse  and  guarantee  the  bonds  of  any  other  company,  177 

ENGINEERS  obstructing  public  street  or  road-crossing  by  engines  or  cars,  subject  to 

penalty  of  $25 26 

to  be  fined  $500  and  imprisoned  five  years,  if  any  person  injured  through  his  negligence,     91 

ENLARGEMENT.— Companies  may  widen,  deepen,  enlarge  their  lines,  and  take  land,  &c. 

for  same 166 

section  second  and  third  of  act  gth  April,  1856,  and  section  one  of  act  2jth  April,  1855, 
to  apply  to  straightening  and  improving  lines 185 

companies  to  retain  original  road  when  improved  or  straightened  line  substituted 192 

ERIE  COUNTY.— Guages  to  Ohio  State  line  four  feet  ten  inches;  from  New  York  State 

line  to  Erie  or  Ohio  river,  six  feet,  or  four  feet  eight  and  one-half  inches 67 

ditches  to  be  constructed  by  side  of  roads,  and  Canada  thistles  and  weeds  to  be  cut 
down 81 

companies  operating  in  Erie  county  to  maintain  fences,  or  be  liable  for  cattle  injured 141 

act  23d  March,  1868,  not  to  apply  to  lands  where  owner  of  land  is  bound  to  fence 153 

thieves,  &c.  found  at  any  railroad  depot  in  Erie  county  may  be  arrested,  &c 130 

vagrants  found  loitering  at  any  depot  may  be  arrested  and  subjected  to  vagrant  laws 131 

EXCHANGE  OF  BONDS,  &c.— Executors,  &c.  holding  stock  or  bonds  of  any  company 

consolidated,  may  exchange  for  bonds  of  new  company 197 

EXECUTIONS.— Directions  for  levy  and  sale  under  execution  against  corporations 13 

provisions  of  act  i6th  June,  1836,  for  levy  and  recovery  of  stock,  &c.,  extended  to  all 
attachments 25 

plaintiffs  in  judgment  against  corporations   may   have  execution  and  sell   property, 
franchises,  &c 177 

when  property  sold  under  execution,  wages  due  miners,  mechanics,  laborers,  and  clerks 
shall  be  first  paid 195 

EXECUTORS  holding  Allegheny  county  bonds,  issued  for  railroad  stock,  may  exchange  for 

such  stock 94 

under  foreign  authority,  to  transfer,  &c.  on  filing  copy  of  will  or  other  authority 193 

holding  stock  or  bonds  of  any  company  consolidated,  may  exchange  for  stock  or  bonds 
of  new  company 197 

EXPLOSIVES.— Gunpowder  not  to  be  transported  unless  distinctly  marked  "  gunpowder,"     64 
delivery  for  transportation,  storage,  and  sale  regulated 222 


FEEDING  CATTLE.— Drovers,  owners,  or  shippers  to  enter  stock-yards  to  feed  cattle 

and  cars  for  bedding 114 

FENCES.— Penalty  for  breaking  down  (repealed  and  supplied) 69 

any    person    breaking    down    fences     and    carrying    away    materials,    punished    for 
misdemeanor 122 

to  be  built  and  maintained  on  both  sides  of  railroads  in  Erie  county 141 

to  be  built  and  maintained  on  both  sides  of  railroads  in  Warren  county 142 

to  be  built  and  maintained  on  both  sides  of  railroads  in  Centre  county 151 

act  relating  to  fencing  railroads  in  Erie  county  not  to  apply  where  owner  contracted  to 

fence ; 153 

companies  referred  to  in  act  for  fencing  in  Warren  county  answerable  for  cattle  injured..  172 
acts  relating  to  fencing  in  Warren  county  extended  to  Bradford,  McKean,  and  Venango..  172 


253 

PAGE 

FLOUR,  CORN,  AND  MEAL,  when  unloaded,  to  be  put  in  store  and  kept  dry » 

FOREIGN  LETTERS  TESTAMENTARY.— Copy  of  will  or  other  authority  to  be  filed  in 

register's  office IO^ 

FOREIGN  CORPORATIONS.— Property  located  in  State  to  be  liable  to  levy  and  sale  as 

if  corporation  in  the  State 35 

not  to  do  business  in  State  until  place  of  business  and  agent  appointed  in  the  State 215 

to  file  certificate  of  name,  objects,  location  of  office,  and  name  of  agent 215 

FORFEITURE  of  stock  if  installments  of  subscriptions  unpaid  for  six  months 44 

attorney-general  to  proceed  to  forfeiture  when  companies  neglect  to  fulfill  terms  of 
charter jyg 

charters  to  be  forfeited  of  companies  neglecting  to  make  returns  of  dividends  and 
stock 155,  218 

of  charters,  remission  provided  for,  and  acceptance  of  Constitution 236,  227 

FORMATION.— Supplement  to  act  of  4th  April,  1868,  articles  of  association  and  letters 

patent 231 

FRAUDS  ON  TRAVELERS.— No  person,  except  authorized  agent  holding  certificate,  to 

sell  tickets,  and  company  to  redeem  unused  portions  of  tickets in 

act  of  6th  May,  1863,  amended  in  respect  to  sale  and  redemption  of  tickets 197 

FREE   PASSES  not  to  be  issued  by  any  companies   having  accepted  Article  XVII.  of 

Constitution 234 

FUNDS,  SURPLUS,  maybe  invested  in  mortgages,  ground-rents,  loans  of  United  States, 

Pennsylvania,  or  Philadelphia,  &c 143 


GAMBLERS  to  be  arrested  about  depots,  &c.  in  Erie,  Crawford,  Venango,  and  Warren 

counties 131 

GENERAL  OFFICE.— Companies  whose   works  are  principally  in  the  State  to  locate 

general  office  in  the  State 33 

where  principal  office  located  out  of  State,  company  may  be  sued  in  county  where  works 
located  or  officer  resides.. 35 

governor  to  appoint  directors,  &c.  when  office  not  established  in  State 140 

location  to  be  registered  in  auditor-general's  office 154 

stockholders  to  determine  where  general  office  to  be  located 165 

GENERAL  RAILROAD  LAW,  1849  —Title,  "An  act  regulating  railroad  companies" 38 

1868. — To  authorize  the  formation  and  regulation  of  railroad  corporations 146 

GRADE-CROSSING.— Section  10  act  aist  April,  1855,  not  to  apply  to  steam  railroads  in 

Philadelphia 116 

companies  formed  under  act  4th  April,  1868,  to  cross  other  railroads  at  grade 150 

may  be  prevented  by  injunction,  when  reasonably  practicable  to  avoid  it 190 

GROSS  RECEIPTS  to  pay  a  tax  of  three-fourths  of  one  per  cent.,  and  return  to  auditor- 

general.... *59 

tax  of  May  ist,  1868,  repealed  in  part  only 201 

of  passenger  railways,  Philadelphia,  to  pay  tax  for  Centennial  Exposition 205 

GUAGES  of  railroads  in  Erie  county  four  feet  ten  inches  to  Ohio  line,  six  feet  or  four  feet 

eight  and  one-half  inches  to  New  York  line 67 

of  railroads  east  of  Erie  county  and  leading  east  or  south,  same  guage  as  State  roads 71 

of  every  railroad  to  be  of  such  width  as  directors  may  deem  expedient 73 

of  railroads  authorized  to  connect  with  Philadelphia  and  Erie  Railroad  to  be  same  as 
Philadelphia  and  Erie  Railroad no 

not  exceeding  three  feet  to  be  constructed  under  act  4th  April,  1868 235 


254 

PAGE 

GUARANTEE. — Companies  leasing  other  roads  may  guarantee  bonds,  &c.  of  roads  leased..  153 
companies  chartered  by  State  to  guarantee  or  purchase  bonds  of  any  other  company 165 

companies  may  aid  in  development  of  coal,  iron,  and  other  interests,  and  guarantee 
bonds 170 

companies    may  lease  or  take  assignments  of  lease  of   other  roads   and   guarantee 
payments 175 

any  two  companies  may  endorse  or  guarantee  bonds  of  any  other  company,  and  take 
security,  &c 177 

GUARDIANS  may  transfer  shares  of  minor  when  authority  under  foreign  laws  filed  in 

register's  office 193 

may  exchange  stock  and  bonds  of  consolidated  company  for  stock  and  bonds  of  new 
company 197 

holding  bonds  of  Allegheny  county  issued  for  railroad  stock  may  exchange  for  such 
stock 94 

GUN  COTTON. — Delivery  for  transportation,  storage,  and  sale  regulated 222 

GUNPOWDER  not  to  be  transported  unless  distinctly  marked  "gunpowder" 64 

delivery  for  transportation,  storage,  and  sale  regulated 222 


HOSPITAL,   Pennsylvania  State  Lunatic.— Railroad  and   other  works  forbidden  upon 

grounds  of. .... iQQ 

HUNTINGDON  COUNTY.— Act  February  2ist,  1872,  to   prevent  trespass  on  cars  in 

Berks,  extended  to  Huntingdon 198 


INCOME  or  net  earnings  to  be  returned  to  auditor-general  and  pay  tax  of  three  per  cent...  157 
tax  of  May  ist,  1868,  repealed 201 

IMPROVED  LINES. — Companies  to  retain  original  lines  when  improved  or  straightened 

lines  substituted 192 

INJUNCTION  to  be  issued  by  Supreme  Court  to  restrain  interference  with  rights 169 

to  prevent  invasion  of  rights  and  grade-crossing,  if  otherwise  practicable 190 

INJURY  TO  BAGGAGE  by  baggage-master,  express  agent,  stage-driver,  or  hackman, 

punished  by  fine 174 

INJURIES  TO  PERSONS,  occasioned  by  negligence  or  recklessness  of  driver,  engineer, 

or  conductor,  misdemeanor 12 

actions  not  to  abate  by  death  of  plaintiff;  personal  representatives  maybe  substituted...     70 
widow  or  personal  representatives  may  sue  after  death  of  person  injured 70 

husband,  widow,  children,  or  parents  only  may  sue ;  action  to  be  brought  within  one 
year 79 

limitation  for  one  year  for  suing  to  be  restricted  to  cases  occurring  after  act 87 

trustees  under  assignment  or  mortgage  not  to  be  personally  liable  for  damages 87 

caused  by  negligence  or  recklessness  of  driver,  engineer,    or   conductor,   fined   and 
imprisoned 91 

caused  by  neglect  of  employee  to  obey  rules  of  company,  punished  by  fine  and  imprison- 
ment   119 

right  of  action  to  be  same  as  if  employee,  $3000  for  injury,  $5000  for  death 145 


255 

PAGE 

INJURIES  TO  PROPERTY,  occasioned  by  negligence  or  recklessness  of  driver,  engi- 
neer, or  conductor,  misdemeanor 12 

INJURIES  TO  RAILROADS  by  fire,  obstruction,  displacement  of  machinery,  or  other- 
wise, pay  damages  and  fined 16 

machinery,  &c.  shall  be  punished  by  forfeiture  of  three  times  the  damage 48 

machinery,  works,  cars,  signals,  &c.  to  be  punished  by  fine,  imprisonment,  &c 92 

INSURANCE. — Companies  may  insure  lives  of  passengers  against  injury 145 

INTEREST. — Money  borrowed  and  bonds  given  for  larger  amount  than  received  not  usury..    21 

not  usury  to  sell  bonds,  certificates  of  loan,  &c.  at  less  than  par  value 82 

to  pay  a  tax  of  five  per  cent.,  to  be  retained  from  creditor 161 

on  balances,  twelve  per  cent,  per  annum  from  time  tax  due  to  settlement  of  account,  and 
twelve  per  cent,  per  annum  from  sixty  days  after  settlement  till  paid 162,  220 

on  bonds  and  indebtedness,  tax  to  be  paid  by  company  and  not  deducted 201 

INTERFERENCE. — Injunction  to  be  issued  by  Supreme  Court  to  restrain  interference 

with  rights .. 169 

INVASION   OF    RIGHTS    to  be   inquired  into  and   restrained  by  court,  and  damages 

recovered .' 100 

INVESTMENTS  of  surplus  funds  to  be  made  in  mortgages,  ground-rents,  loans,  &c 143 

IRON  ORE. — Statistics  to  be  collected,  collated,  and  published  by  auditor-general 186 

IRON,  PIG   AND  WROUGHT.-Statistics  to  be  collected,  collated,  and  published  by 

auditor-general 186 


JUDGES  OF  ELECTION  failing  to  attend  or  directors  failing  to  appoint,  stockholders 

to  select...... 134 

JURY  TRIAL. — After  appeal  to  court  from  report  of  viewers  for  damages  to  land,  &c 84 


LABORERS'  WAGES  not  to  be  defeated  or  delayed  by  any  assignment  for  creditors 22 

in  actions  for,  arbitrators  authorized  to  require  production  of  books  and  papers 29 

and  mechanics,  and  miners,  to  be  first  paid  in  cases  of  assignment 75 

may  be  secured  by  chattel  mortgages 88 

when  judgments  obtained  for,  scire  facias  may  issue,  &c 103 

in  case  of  any  sale  or  assignment,  to  be  first  paid 195 

LABORERS.— Proviso   to   section  4  act  of  April  9th,  1872,  not   to   apply  to   coal  lease 

mortgages 233 

LACKA WANNA  AND  WESTERN  RAILROAD  excepted  from  act  6th  February,  1852, 

regulating  guages 7* 

LANCASTER  COUNTY  exempt  from  act  28th  April,  1870,  relating  to  changes  of  venue,  193 

LANDINGS.— Jury  to  determine  whether  landings  sufficient  to  accommodate  main  and 

lateral  roads 23 

the  right  to  procure,  extended  to  persons  building  lateral  railroads 36 


256 

PAG 

LATERAL  RAILROADS.— General  law  of  1832,  "An  act  regulating  lateral  railroads," 
extended  only  to  Lycoming,  Luzerne,  Schuylkill,  and  Northumberland  counties !.. 

jury  to  determine  mode  of  connection,  if  parties  cannot  agree I( 

act  of  May  sth,  1832,  extended  to  Northampton,  Lehigh,  and  Cambria  counties i< 

act  of  May  sth,  1832,  extended  to  Tioga  and  Columbia  counties & 

when  owners  of  landing  refuse  to  permit  lateral  road  to  use  it,  jury  to  be  summoned 2 

act  of  May  sth,  1832,  and  supplement  repealed  as  to  Cambria  county 2< 

act  of  May  sth,  1832,  extended  to  Dauphin,  Allegheny,  Bedford,  Blair,  and  Washing- 
ton counties 3< 

act  of  May  sth,  1832,  extended  to  construction  of  roads  under  or  over  surface  of  inter- 
vening lands 3< 

act  of  May  sth,  1832,  repealed  as  to  limitation  to  and  extended  throughout  State 38 

railroads  of  three  miles  to  be  constructed  by  individuals  in  Warren,  McKean,  Elk,  and 
Potter  counties 5: 


railroads  of  three  miles  to  be  constructed  by  individuals  in  Venango  county 
viewers  to  assess  damages  in  Dauphin  county  to  be  appointed 


proprietors  in  Allegheny  county  may  charge  tolls  received  throughout  Commonwealth, 
in  addition  to  tolls  now  charged  ........................  ....................................................     6c 

act  sth  April,  1849,  extended  to  Clarion  county  ...........................................................     74 

having  the  right  to  cross  other  railroads  at  grade,  not  to  cross  with  more  than  two  tracks..     88 
viewers  under  act  of  May  sth,  1832,  to  report  on  necessity  of  road  as  well  as  damages..    89 

companies   may  aid  owners  of  coal  or  mineral   lands   constructing  lateral   roads   in 
money,  labor,  or  materials  ......................................................................................  101 

companies  building   branch,  lateral,  or  diverging  lines    may  specially  mortgage  same 
and  issue  bonds  .....................................................................................................  no 

may  be  constructed  with  single  or  double  track,  with  sidings,  wharves,  &c  ....................  127 

section  2  act  sth  April,  1849,  f°r  lateral  railroads,  extended  to  Northumberland  ..........  167 

may  be  abandoned  before  ground  broken,  and  within  two  years  of  confirmation  of  right 
of  way  .................................................................................................................  167 

canal  companies  may  construct  from  their  lines,  often  miles  in  length  ..........................  176 

appeal  may  extend  to  necessity  of  road,  wharf,  or  landing,  as  well  as  to  damages  ..........  182 

any  three  persons  may  construct  a  road  of  five  miles,  under  act  4th  April,  1868  ............  184 

owners  of  furnaces  and  manufactures  of  iron  may  construct  from  works  to  mines  ...........  211 

owners  of  land  may  construct  from  mines  to  navigable  streams  .....................................  211 

LEASING  OF  RAILROADS.—  Act  i3th  March,  1847,  to  authorize  connecting  roads  to 

lease  and  contract  for  use  of,  &c  .............................................................................     91 

connecting  railroad  companies  may  enter  into  contracts  for  use  or  lease  of  roads  ..........    97 

when  road  leased  to  be  kept  in  repair  by  lessee,  lessee  to  have  privileges  of  lessor,  &c...    98 
companies  leasing  railroads  may  endorse  or  guarantee  bonds,  &c.  of  leased  road  ...........  153 

companies  may  become  lessees  by  assignment  or  otherwise,  and  guarantee  payments  in 
lease  .............  .....  .....  .............  ................................  ............................  ..........  .  .  .........  J75 

railroad  and  canal  companies  may  lease  works  of  each  other,  or  become  consolidated 
with  each  other  ......................................................................................................  i8a 

act  i7th  February,  1870,  to  embrace  leases  or  contracts  of  works  in  this  or  any  other 
State  ...................................................................................................................  185 

companies  in  Susquehanna  and  other  counties  may  lease  or  become  consolidated  ............  188 

LEHIGH    COUNTY.—  Lateral    railroad    act   May   sth,   1832,  extended    to,   with  other 

counties  ................................................................................................................     19 

LETTERS  PATENT  to  issue  under  general   railroad  law   of  1849,  when  ten  per  cent. 

subscribed  and  five  dollars  per  share  paid  in  ...........................................................     39. 

to  be  issued  to  any  company,  upon  proof  of  compliance  with  conditions  of  law,  &c....  226 

may  be  issued  to  companies  organized  under  act  April  4th,  1868  ....................................  231 

LETTERS  TESTAMENTARY,  under  foreign  authority,  to  be  filed  in  register's  office  .....  193. 


257 

PACK 

LIABILITY  OF  DIRECTORS.— When  they  consent  to  dividend  out  of  capital  stock 44 

suit  to  be  brought  within  six  years  from  goods  delivered  or  act  done 137 

and  treasurer  for  neglect  of  company  to  pay  tax  on  capital  stock 219 

LIABILITY  OF  STOCKHOLDERS.— Suit  to  be  brought  within  six  years  from  goods 

delivered  or  act  done Iry 

1 137 

holders  of  preferred  stock  not  to  be  liable  for  debts  of  company 102 

LIABILITY  OF  TRUSTEE.— Trustee  under  assignment  not  to  be  liable  for  injuries 

received 87 

LIEN  ON  GOODS. — Carriers  having  a  lien  on  goods  for  carriage,  &c.  may  advertise  and 

sell II3 

LIMITATION.— Suits  under  act  May  sth,  1832,  to  be  brought  within  twelve  months 9 

suits  under  act  February  igth,  1849,  (general,)  to  be  brought  within  two  years 48 

act  of  27th  March,  1713,  for   limitation  of  actions,  not  to  be  extended  to  suspended 
corporations 65 

suits  for  injuries  to  persons  on  railroads  to  be  brought  within  one  year 79 

suits  for  injuries  to  persons  on  railroads  to  be  brought  within  one  year  after  act 87 

suits  for  damages  for  right  of  way  to  be  brought  within  five  years 134 

suits  against  stockholders  or  directors  to  be  brought  within  six  years,  &c 137 

act  of  i7th  April,  1866,  not  to  apply  to  actions  pending  at  time  of  passage 139 

of  time  for  completion,  forfeiture  of  charter  may  be  remitted  after 227 

LOANS. — City,  issued  for  subscriptions  to  capital  stock,  taxable  for  State  purposes  only 75 

and  securities  in  which  surplus  funds  of  companies  may  be  invested „..  143 

State  and  city,  and  stock  may  be  sold  and  transferred  by  married  women an 

may  be  transferred  without  liability  to  see  to  execution  of  any  trust 229 

LOCATION  of  railroad  and  change  of  location,  under  general  law  of  1849 45,  48 

of  railroads  on  streets,  lanes,  or  alleys  in  Mifflin  county 66 

of  railroad  in  city  of  Philadelphia  not  to  be  without  submitting  plans,  &c 78 

roads  interfering  with  mining  veins  may  be  relocated 109 

section  10  act  April  2ist,  1855,  not  to  apply  to  steam-power  railroads 116 

LUZERNE   COUNTY.— Lateral  railroad  act  May  sth,  1832,  extended  to,   with  other 

counties 9 

lateral  railroad  act  May  sth,  1832,  extended  to  Denison  township 36 

railroad,  canal,  and  navigation  companies  in  Luzerne  and  other  counties  may  purchase, 
consolidate,  &c 188 

LYCOMING  COUNTY.— Lateral  railroad  act  May  sth,  1832,  extended  to,  with  other 

counties 9 


MAPS,  PLANS,  AND  PROFILES  of  railroads,  canals,  &c.  to  be  deposited  in  canal  com- 
missioners' office ** 

MARRIED  WOMEN  may  sell  and  transfer  stock  in  railroad  companies  as  if  unmarried....  189 

may  sell  and  transfer  State  and  city  loans  and  stock  as  if  unmarried 211 

MECHANICS'  WAGES.— Laborers  and  miners  to  be  first  paid  in  cases  of  assignment 75 

for  any  period  not  exceeding  six  months  before  any  assignment,  &c.  shall  be  first  paid...  195 
MECHANICS.— Chattel   mortgage  authorized   to  secure  wages  of  laborers,  miners,  and 

mechanics 

proviso  to  section  4  act  April  Qth,  1872,  not  to  apply  to  coal-lease  mortgages «3 


258 

PAGE 
MEETINGS  of  stockholders,  under  general  railroad  law,  on  second  Monday  in  January....     41 

each  share  of  stock  to  have  one  vote  at  all  general  meetings  and  elections 128 

majority  of  non-resident  directors,  corporators,  or  stockholders  to  have  right  to  deter- 
mine where  meetings  to  be  held 130 

when  judges  of  election  fail  to  attend,  stockholders  to  appoint  judges 134 

McKEAN  COUNTY. — Individuals  authorized  to  construct  railroads  not  over  three  miles  in..     51 

act  28th  March,  1868,  and  supplement,  for  protection  of  farmers,  &c.,  extended   to 
McKean  county 172 

MERGER. — Any  railroad  may  merge  with  any  other  connecting  therewith 98 

when  companies  merged,  the  consolidated  company  to  issue  stock  to  carry  merger  into 
effect 116 

when  two  companies  merged,  company  to  have  power  to  issue  bonds  and  mortgage  to 
to  secure 121 

any  railroad  company  may  merge  into  another  and  consolidate  on  terms  specified 123 

the  company  into  which  merger  takes  place  to  have  all  the  rights  of  companies  merged...  144 

consolidated  companies  to  be  regulated  by  powers,  duties,  &c.  specified  in  agreement 
of  merger 168 

canal  and  railroad  companies  may  consolidate  with  and  purchase  stock  and  bonds  of 
each  other 180 

companies  may  consolidate  with  those  of  any  other  State  forming  continuous  lines 181 

companies  in  Susquehanna,  Wyoming,  Wayne,  and  Luzerne  authorized  to  consolidate...  188 

stock  and  bonds  held  by  executors,  &c.  may  be  exchanged  for  stock  and  bonds  in  con- 
solidated companies 197 

MIFFLIN  COUNTY.— Viewers  to  lay  out  new  streets,  &c.  when  railroads  located  on 

streets,  &c.  in 66 

MILEAGE  on  city  railroad  shall  be  same  as  on  Pennsylvania  Railroad 22 

distance  for  tonnage  to  be  estimated  by  nearest  whole  number  of  miles 75 

on  city  railroad  not  to  be  charged  for  any  greater  distance  than  used. 86 

MINERS. — Chattel  mortgage  authorized  to  secure  wages  of  laborers,  miners,  and  mechanics,  88 
proviso  to  section  4  act  April  pth,  1872,  not  to  apply  to  coal-lease  mortgages 223 

MINERS'  WAGES. — Laborers  and  miners  to  be  first  paid  in  cases  of  assignment 75 

for  any  period  not  exceeding  six  months  before  any  assignment,  &c.  shall  be  first  paid....  195 

MINERAL  STATISTICS  to  be  furnished  to,  and  collected,  collated,  and   published  by 

auditor-general 186 

returns  to  be  made  to  secretary  of  internal  affairs  instead  of  auditor-general 229 

MINUTES  of  corporations  under  general  railroad  law  to  be  kept  in  suitable  book 42 

MONTOUR  COUNTY.— Act  February  2ist,  1872,  to  prevent  trespass  on  cars  in  Berks,  ex- 
tended to  Montour 198 

MORTGAGE. — General  power  to  mortgage,  under  general  railroad  law 39 

trustees  under  mortgage  not  to  be  personally  liable  for  injuries  received 87 

chattel  mortgage  authorized  to  secure  wages  of  laborers,  miners,  and  mechanics 88 

companies  may  aid  owners  of  coal  and  other  mines,  and  take  mortgage  as  security 101 

Supreme  Court  to  have  chancery  power  in  cases  of  mortgages  by  corporations 106 

companies  building  branch  or  lateral  lines  may  specifically  mortgage  same  and  issue 
bonds........ ...  no 

deeds,  mortgages,  &c.  informally  acknowledged  by  officers  of  corporations,  validated in 

when  two  companies  merged,  company  to  have  power  to  issue  bonds  and  mortgage  to 
secure 121 

provisions  of  act  8th  April,  1861,  relating  to  sales  of  railroads,  to  apply  to  sales  under 
power  in  mortgage 135 

companies  may  invest  surplus  funds  or  earnings  in  mortgages,  ground-rents,  &c 143 

companies  formed  under  act  4th  April,  1868,  to  secure  bonds  by  mortgage  on  road  and 
franchises 150 

companies  leasing  railroads  may  endorse  or  guarantee  bonds  secured  by  mortgage  on 
leased  road 153 


259 


PAGE 

MORTGAGE.—  Act  zoth  April,  1867,  authorizing  sale  of  property  upon  bond  same  as  upon 

mortgage,  repealed  ................................................................................................  tjt 

bonded  obligations  and  stock  may  be  increased  fifty  per  cent,  of  amounts  heretofore 
authorized.  ...........................................................................................................  IJA 

lien  of  mortgages  not  to  be  affected  by  sale  of  property  and  franchises  under  act  7th 
April,  1870  ............................................................................................................  I77 

coal-lease,  proviso  to  section  4  act  April  9th,  1872,  not  to  apply  to  ...............................  223 

companies  may  increase  surety  of  bonds  by  mortgaging  their  remaining  property  and 
franchises  ..............................................................................................................  227 

may  be  executed  by  individuals  and  companies  to  banks  to  secure  notes,  bills,  and  re- 
newals ..................................................................................................................  xgg 

may  be  taken  by  banks  from  individuals  and  companies  to  secure  notes,  bills,  and  re- 
newals ..................................................................................................................  198 

may  be  made  by  any  railroad  company  to  secure  bonds  and  obligations  ........................  199 


NAMES  CHANGED. — Authority  to  quarter  sessions  to   change  names  of  corporations 

repealed  2oth  April,  1869 23 

common    pleas  authorized  to  change  names   of  corporations  within   their  respective 
counties 173 

NARROW  GUAGE  roads  to  be  constructed  under  act  4th  April,  1868..... 235 

NET  EARNINGS  to  be  returned  to  auditor-general,  and  pay  three  per  cent,  tax 157 

tax  of  May  ist,  1868,  repealed 201 

NEW  YORK  AND  ERIE  RAILROAD.— Act  6th  February,  1852,   regulating  railroad 

guages,  not  to  apply  to 72 

NITRO-GLYCERINE.— Delivery  for  transportation,  storage,  and  sale  regulated 222 

NON-RESIDENT  CORPORATIONS.— Property  in  the  State  of  a  company  located  out 

of  State  liable  to  levy  and  sale  as  if  in  State 35 

not  to  do  business  until  place  of  business  and  agent  established  in  the  State 215 

to  file  certificate  of  name,  objects,  place  of  business,  and  name  of  agent 215 

NON-RESIDENT   DIRECTORS.— All  citizens  of  United  States  eligible  as   directors, 

though  non-residents  of  the  State 135 

NON-RESIDENT  STOCKHOLDERS.— Majority  of  non-resident   directors   or   stock- 
holders to  determine  where  meetings  to  be  held 130 

service  of  process  for  enforcing  payment  of  installments  for  stock 224 

NON-USER. — Roads   decayed,  out  of  repair,  and  unused  for  five  years   to  be  deemed 

abandoned « 183 

NORTHUMBERLAND   COUNTY.— Act  sth  May,  1832,  regulating  lateral  railroads,  to 

extend  only  to  Northumberland  and  other  counties 9 

proceedings  to  assess  damages  to  land  to  be  held  only  in  county  where  land  situate 154 

act  5th  April,  1849,  section  2,  for  lateral  railroads,  extended  to  Northumberland  county...  167 

NORTHAMPTON  COUNTY.— Act  sth  May,  1832,  lateral  railroads,  extended  to,  with 

other  counties 19 

NOTES  AND  BILLS  held  by  banks  may  be  secured  by  individuals  and  corporations, 

by  mortgage  on  their  real  estate 198 

NOXIOUS  WEEDS  and  Canada  thistles  to  be  cut  down  by  railroad  companies  in  Erie 


county. 


81 


260 

PAGE 

OBLIGATIONS  not  redeemable  except  in  gold  or  silver  not  to  be  issued .' 63 

OBSTRUCTING  CROSSINGS.— Agent  or  engineer  obstructing  crossings  liable  to  penalty 

of  $25 26 

companies  obstructing  free  passage  of  any  private  road  or  crossing  liable  to  penalty 
of  $30 68 

OFFICE.— General  or  principal  office  for  business  to  be  established  within  the  State 32 

general  or  principal,  when  located  out  of  State,  company  may  be  sued  where  property 
located 35 

governor  to  appoint  directors,  &c.  when  office  not  established  in  State 140 

no  corporation  to  enter  into  business  until  place  of  business  reported  to  auditor-general...  154 

general  or  principal,  location  to  be  determined  by  stockholders 165 

location  of,  to  be  reported  to  auditor-general  before  going  into  operation 216 

foreign   corporations   not  to   do  business   in   State  until   office   established  and  agent 
appointed \ 215 

every  railroad  company  to  keep  office  for  business  and  transfer  stock  in  the  State 233 

OFFICERS. — Companies  whose  works  are  principally  within  State  to  hold  elections  within 

State 32 

stockholders,  under  general  law  of  1849,  to  elect  president  and  twelve  directors  second 
Monday  in  January 41 

president  and  directors,  under  general  law  of  1849,  to  exercise  all  powers  granted  the 
corporation 42 

not  to  be  directors,  receiving  salaries,  nor  surety  for  officer,  nor  interested  in  contracts...  79 

— ^  not  to  be  interested  in  contracts  for  supplies  or  transportation  lines  on  road 224 

OPERATING  CONTRACTS  for  traffic  and  rates  and  use  of  road  to  be  entered  into 115 

when  interfered  with,  court  to  enjoin 169 

ORGANIZATION.— How  to  be  effected  under  general  law  of  1849 40 

after  sale  under  process  or  decree  of  court 95 

of  company  under  act  28th  April,  1871 184 


PAPERS  AND  BOOKS  may  be  examined  by  auditor-general  and  State  treasurer  to  verify 

returns  made 162 

PASSES. — No  railroad  company  having  accepted  Article  XVII.  of  Constitution  to  grant  free 

passes 234 

PASSENGER  RAILWAYS  in  Philadelphia  to  pay  tax  on  gross  receipts  for  Centennial 

Exposition 205 

PENALTY  for  not  filing  statement  of  cost  of  road,  under  general  law  of  1849,  $IO° 7 

for  not  constructing  bridges  and  causeways  over  railroad,  all  damages  sustained 8 

for  injuring  railroad,  placing  obstructions,  &c.,  three  times  actual  damage 9 

for  allowing  flour,  corn,  and  meal  to  be  wet  and  damaged,  twenty-five  cents  per  cask  and 
actual  damage n 

for  injury  to  passenger  by  driver,  engineer,  or  conductor,  $50  and  imprisonment la 

for  setting  fire  to  wooden  bridges,  punishment  for  arson  and  $2000  fine xa 

for  not  reporting  passengers  and  contents  of  cars  on  city  railroad,  fine 22 

for  obstructing  crossing  of  public  street  or  road  by  locomotives  or  cars,  $25 26 

for  injury  to  railroad,  car,  implements,  engine,  &c.,  three  times  actual  damage 48 

for  removing  or  destroying  railroad,  so  as  to  injure  passengers,  imprisonment  not  over 
three  years 49 


26 1 

PAGE 

PENALTY   for  transporting  gunpowder  without  marking  it  "gunpowder,"  $50  fine  and 

imprisonmeat 64 

for  issuing  checks,  orders,  or  due  bills,  not  redeemable  in  gold  or  silver,  charter  to  be 
forfeited. 63 

for  obstructing  private  road  or  crossing  by  cars  or  engines,  $30 68 

for  breaking  down  and  carrying  away  fences,  $10  (repealed) 69 

for  not  weighing  coal  received  for  transportation  in  Schuylkill  county,  $50 76 

for  a  director  to  act  as  an  officer  under  salary,  forfeit  office  and  fine  $500 79 

for  causing  injury  to  passenger  by  driver,  conductor,  or  engineer,  $500  and  imprison- 
ment     91 

for  selling  or  disposing  goods  entrusted  for  transportation,  $500  and  imprisonment 92 

for  casting  obstructions,  removing  rails,  switches,  lights,  machinery,  &c.,  $10,000  and 
imprisonment 92 

for  throwing  missiles  at  engine,  car,  tender,  or  truck,  $1000  and  imprisonment 93 

for  not  canceling  or  returning  tickets,  embezzling,  or  stamping,  $1000  and  imprisonment...     97 

for  not  cutting  down  Canada  thistles  and  noxious  weeds,  $15 102 

for  selling  tickets  without  lawful  authority  as  agent,  $500  and  imprisonment in 

for  not  obeying  rules  of  company,  and  injury  or  loss  of  life  results,  55000  and  imprison- 
ment   119 

for  breaking  down  or  carrying  away  fences  or  material,  $50  and  imprisonment 122 

for  excluding  persons  from  cars  on  account  of  color  or  race,  $500  and  imprisonment 136 

for  not  erecting  and  maintaining  fences  along  tracks  in  Erie  county,  $50,  besides  dam- 
ages to  owner 141 

for  not  erecting  and  maintaining  fences  along  tracks  in  Warren  county,  persons  may 
recover  cost  of  erecting 142 

for  not  erecting  and  maintaining  fences  along  tracks   in  Centre  county,  $50,  besides 
damages  to  owner 151 

for  not  erecting  and  maintaining  fences  along  tracks  (when  destroyed  by  fire)  in  Erie 
county,  $50,  besides  damages  to  owner 153 

for  not  reporting  to  auditor-general  name,  date,  capital,  &c.,  $500 154 

for  not  reporting  to  auditor-general  capital  paid,  date,  amount,  and  rate  per  cent,  of  divi- 
dends, ten  per  cent,  added  to  tax 155 

for  not  retaining  and  paying  over  tax  on  capital  stock  from  dividends,  directors,  man- 
agers, or  treasurer  liable 15? 

for  not  reporting  net  earnings  to  auditor-general,  ten  per  cent,  added  to  tax 157 

for  not  reporting  and  paying  tax  on  gross  receipts,  ten  per  cent,  added  to  tax 159 

for  not  reporting  amount  of  coal  mined  and  purchased,  ten  per  cent,  added  to  tax 160 

for  not  reporting  amount  of  interest  paid,  treasurer  shall  forfeit  amount  of  commission 
allowed 162 

for  neglecting  to  fence  roads  in  Warren  and  other  counties,  answerable  to  owners 172 

for  recklessly  injuring  or  destroying  trunk,  valise,  box,  &c.,  $100 174 

for  not  making  report  to  auditor-general  of  operations  and  affairs,  $5000 178 

for  not  filing  articles  of  association,  under  act  28th  April,  1871,  $50 184 

for  not  reporting  to  auditor-general  mineral  statistics,  $100 186 

for  trespassing  on  cars  in  Berks  county,  riding  without  paying  fare,  $5 191 

for  vagrancy  about  railway  property  in  Susquehanna  depot,  $10  and  costs 207 

for  neglecting  to  file  certificate  of  increase  of  stock,  $5000 213 

for  neglecting  to  report  to  auditor-general  amount  of  stock,  bonds,  &c 214 

for  neglecting  to  report  to  auditor-general  name,  place,  stock,  &c 216 

for  neglecting  to  report  to  auditor-general  dividend  declared  or  value  of  stock 218 

for  neglecting  to  report  coal  mined  and  pay  tax  on  same,  ten  per  cent,  added 220 

for  doing  business  in  State  before  establishing  office  and  appointing  agents 216 

for  delivering  explosive  or  dangerous  material  for  transportation  without  information 
and  marking 222 


262 

FAGB 

PENALTY   for  violations  of  act  May   isth,   1874,  prohibiting  interest  in  contracts  and 

transportation  lines 225 

for  granting  free  passes  by  companies  having  accepted  Article  XVII.  of  Constitution 234 

PENNSYLVANIA  RAILROAD  COMPANY  authorized  to  run  their  cars  and  locomo- 
tives over  connecting  roads 72 

act  3d  March,  1853,  repealed  as  to  carrying  passengers  and  baggage  on  Philadelphia 
and  Columbia  Railroad 86 

PENNSYLVANIA  HOSPITAL.— Railroad  and  other  works  forbidden  to  be  constructed 

or  built  upon  lands  of. 199 

PERISHABLE  GOODS  may  be  sold,  under  order  of  court,  where  consignee  not  known...  113 

PERRY  COUNTY.— Act   February  2ist,  1872,  to  prevent  trespass   on   cars   in  Berks, 

extended  to  Perry 198 

PETROLEUM. — Production  of,  to  be  reported  to,  collected,  and  published  by  auditor- 
general 186 

PHILADELPHIA. — City  councils  to  require  returns  of  passengers  and  freight  on  city  rail- 
roads       22 

loans  of  city  and  incorporated  districts  liable  to  taxation  for  State  purposes  only 75 

no  railroad  terminating  in  city  to  be  constructed  without  submitting  plans  to  board  of 
surveys 78 

city  of  Philadelphia  not  to  charge  tolls  on  city  railroad  for  greater  distance  than  used....     86 

offices,  depots,  and  other  property,  except  superstructures,  liable  to  taxation  for  city 
purposes 90 

act  2ist  April,  1855,  section  10,  not  to  apply  to  railroads  using  steam-power 116 

wharves,  docks,  or  piers  not  to  be  constructed  in  Philadelphia  without  consent  of  port 
wardens 120 

PHILADELPHIA   COUNTY.— Act  February  2ist,  1872,  to  prevent  trespass  on  cars  in 

Berks,  extended  to  Philadelphia 198 

PHILADELPHIA  AND   ERIE   RAILROAD.— The  guage  of  railroads   authorized  to 

connect  with  Philadelphia  and  Erie  Raiload  to  be  of  same  guage no 

PHILADELPHIA,  WILMINGTON  AND  BALTIMORE  RAILROAD  to  connect  with 

other  railroads  in  Philadelphia  county 16 

PHOSPHORUS. — Delivery  for  transportation,  storage,  and  sale  regulated 222 

PICKPOCKETS  found  at  any  railroad  depot  in  Erie  or  Crawford  counties,  to  be  arrested 

and  committed  for  ninety  days 130,  132 

PIERS,  DOCKS,  WHARVES.— Companies  whose  lines  reach  or  cross  streams  to  have 

right  to  acquire  piers,  docks,  wharves 120 

PITTSBURG.— All  real  estate  of  railroad  companies  subject  to  taxation  for  city  purposes...    91 

PITTSBURG  AND  CONNELLSVILLE  RAILROAD  excepted  from  act  i7th  February, 

1870,  authorizing  leases  and  contracts 175 

PLACE  OF  BUSINESS.— Companies,  when  works  are  principally  in  the  State,  shall  locate 

their  principal  office  in  the  State 140 

to  be  reported  to  auditor-general  before  commencing  to  do  business 154,  216 

to  be  established  and  agent  appointed  in  State  by  foreign  corporations 215 

to  be  maintained  in  the  State  by  every  railroad  company,  for  business  and  transfer 233 

PLANK  ROADS  AND  RAILROADS.— Law  of  5th  April,  1849— not  over  three  miles 5* 

PLANS,  MAPS,  AND  PROFILES  of  projected  roads  to  be  filed  in  canal  commissioners' 

office 18 

PLANS  AND  SURVEYS.— No  railroad  terminating  in  city  to  be  constructed  without  sub- 
mitting plans  to  board  of  surveys 78 

POLICE   FOR   RAILROAD,  to  be  appointed  by  governor  on   application  of  railroad 

company 118 

POLICEMEN  to  be  appointed  in  Erie,  Crawford,  Venango,  and  Warren  counties  for  pro- 
tection against  pickpockets,  &c 131 

POTTER  COUNTY.— Plank  roads  and  railroads  (law  of  5th  April,  1849)  not  over  three 

miles 51 

POWERS  AND  PRIVILEGES  of  companies  organized  under  general  railroad  law  of  1849..     39 
of  companies  organized  under  railroad  law  of  April  4th,  1868 146 


263 


PAGE 

PREFERRED  STOCK  may  be  issued  to  extent  of  one-half  of  capital ;  dividends,  twelve 

percent I9a 

holders  of,  not  to  be  liable  for  debts  of  company ^a 

issued  under  act  April  3d,  1872,  may  be  issued  in  classes  and  order  of  preference 208 

PRESIDENT  and  twelve  directors  to  be  elected,  under  general  railroad  law  of  1849 41 

and  directors  to  exercise  all  the  powers,  under  general  railroad  law  of  1849 42 

not  to  be  interested  in  contracts  for  supplies  nor  in  transportation  lines  on  road 224 

PRIVATE  RAILROADS  not  to  be  constructed  to  connect  with  roads  in  Ohio  or  New 

York 7I 

PROCESS  may  be  served  on  toll-gatherer  of  any  incorporation,  same  as  if  on  president,  &c..     10 

may  be  served  on  president  or  other  principal  officer,  cashier,  treasurer,  secretary,  or 
chief  clerk 13 

may  be  served  on  manager  or  director — officer  may  go  into  adjoining  county  to  serve 21 

service  valid  on  director,  manager,  or  other  officer,  where  office  located  and  president, 
&c.  reside  out  of  State 35 

under  general  law  of  1849,  service  may  be  on  president,  secretary,  treasurer,  engineer, 
agent,  or  director 48 


n  pres 
ght 


where  suit  brought  ................................................................................................     68 

in   cases  against  company  for  obstructing  private   road  or  crossing,  process  may  be 
served  on  agent  .....................................................................................................     69 

in  ejectment  may  be  served  on  person  having  charge  of  land  as  agent  or  on  behalf  of 
claimant  ...............................................................................................................     73 

may  be  served  on  director,  when  president,  treasurer,  secretary,  or  chief  clerk  not  in 
county  ..................................................................................................................    85 

may  be  served  in  any  county,  if  president,  &c.  not  found  in  county  where  suit  brought...     85 

scire  facias  on  judgment  for  laborers'  wages  may  be  by  one  service  and  one  return  of 
nihil  habet  ............................................................................................................  104 

when  office  located  out  of  State,  and   officers  not  found  in  State,  service  may  be  by 
publication  ...........................................................................................................  105 

how  served  on  stockholders  to  enforce  payment  of  installments  for  stock  .......................  224 

PROXIES.  —  Proxies  to  vote  shall  be  obtained  and  dated  within  six  months  of  election  ........       3 

proxies  to  vote  shall  be  obtained  and  dated  within  six  months  of  election  (general  railroad 
law  of  1849)  ...........................................................................................................     42 

PUBLIC  ACCOUNTS.—  On  settlements,  twelve  per  cent,  interest  charged,  and  twelve  per 

cent,  on  balance,  if  not  paid  in  sixty  days  ...............................................................  162 

erroneously  made  up,  may  be  revised  and  restated  ...........  '.  ..........................................  167 

PUBLIC  HIGHWAYS.—  Railroads  constructed  under  general  law  of  1849  to  be  ...............     49 

PURCHASES  OF  STOCKS  AND  BONDS.-Companies  may  purchase  stock  and  bonds, 

and  contract  for  use  or  lease  of  other  roads  ...............................................  ~  ............     97 

of  companies  of  this  or  any  other  State  may  be  made  by  companies  in  this  State  ............  165 

railroad  and  canal  companies  may  purchase  stock  and   bonds  of  coal,  iron,  and  other 
companies  .............................................................................................................  17° 

canal,  navigation,  and  railroad  companies  may  purchase  stock  and  bonds  and  lease 
works  of  each  other  ...............................................................................................  180 

private  corporations  may  subscribe  for  or  purchase  stock  and  bonds  of  American  Steam- 
ship Company  ......................................................................................................  182 

authorized  between  canal,  navigation,  and  railroad  companies  in  certain  counties  .......  188 

PURCHASE  OF  RAILROAD,  when  sold  under  process   or  decree  of  court,  regulated, 

and  organization  of  new  company  provided  ............................................................    95 

debts  due  Commonwealth  by  railroad  sold  by  decree  of  court,  to  be  secured  before 
purchasers  organize  ...............................................................................................  IO5 

where  railroad  sold  by  assignee  or  trustee,  same  privileges   conferred   as  in  act  8th 
April,  1861  ............................................................................................................  "5 

company  purchasing  any  railroad  sold  under  authority,  to  issue  stock  for  value  of  road...  129 

company  purchasing  any  railroad   sold  under  authority,  to   have  rights   of  company 
whose  road  was  sold  ..............................................................................................  I29 


264 


PACK 

PURCHASE  OF  RAILROAD.— Act  8th  April,  1861,  to  apply  to  all  sales  under  power 

in  mortgage,  without  process  of  court 135 

purchasers  of  railroad  property  under  judgment  and  execution  to  take  clear  of  liens, 
except  mortgages 177 


QUARTER  SESSIONS  authorized  to  change  names  of  corporations  (repealed) 23 

act   4th  April,  1843,  authorizing  quarter  sessions  to  change  names,  repealed,  and  court 
of  common  pleas  authorized ...  172 

QUORUM  of  directors,  under  general  railroad  law  of  1849,  to  consist  of  seven  directors 42 

when  directors  increased  under  authority  of  law,  majority  to  constitute  a  quorum 170 

QUO  WARRANTO. — When  corporation  dissolved  upon  proceedings  of  quo  ivarranto, 

property  to  pass  to  officers  in  trust,  &c 194 


RAILWAY  POLICE  to  be  appointed  by  governor  when  requested  by  railroad  companies..  118 

RACE  OR  COLOR. — Penalty  for   refusing   to  carry  or  excluding  persons  on  account  of 

race  or  color 136 

REAL  ESTATE  to  be  purchased,  held,  and  sold  by  companies  under  general  railroad  law 

of  1849 39 

to  be  purchased,  held,  and  sold  by  companies  under  general  railroad  law  of  1868 148 

and  other  property  of  dissolved  corporations  to  vest  in  persons  in  office  at  dissolution,  in 
trust  for  stockholders  and  creditors 194 

of  dissolved  corporations  to  be  sold  by  officers  last  in  office  or  trustee  to  be  appointed 215 

RECEIVER,  to  be  appointed  by  Supreme  Court,  of  assets  of  corporations  dissolved  under 

quo  warranto '...  194 

REDEMPTION  OF  TICKETS  by  railroad  companies  when  not  used,  paying  difference 

between  whole  fare  and  rate  for  distance  traveled 112 

proviso  of  act  6th  May,  1863,  amended  to   prohibit  sale  of  unused  tickets  except  to 
railroad  company 197 

REGISTRATION  OF  BONDS  may  be  made  in  name  of  holder,  and  transferred  on  books..  208 

REGULATION  of  railroad  corporations,  articles  of  association,  letters  patent,  &c 231 

RELOCATION  of  railroads  to  be  contracted  for  with  county  authorities 232 

REMISSION  of  forfeiture  of  charters;  acceptance  of  Constitution 227,  236 

REMOVAL  OF  ACTIONS  may  be  made  to  any  adjacent  county  through  which  works  do 

not  pass 10 

costs  of  suits  removed  shall  be  borne  by  county  in  which  suit  was  brought 15 

actions  brought  on  contracts,  expressed  or  implied,  not  to  be  removed 20 

act  i4th  April,  1834,  for  removal,  extended  to  all  suits  for  damages  as  for  other  cause...     96 
all  proceedings  for  assessment  of  damages  to  be  held  in  county  where  real  estate  situate..  154 

authorized  to  any  adjacent  county,  on  filing  affidavit   that  removal  not  intended  for 
delay,  &c 181 

expenses  of  trial  of  suits  removed  underact  28th  April,  1870,  to  be  paid  by  county  from 
which  removed _ 190 

Lancaster,  Venango,  and  Berks  counties  exempt  from  act  28th  April,  1870,  relating  to 
change  of  venue 192 


265 


PAGE 

REPEAL. — Reservation  by  legislature  of  right  to  repeal  or  alter  lateral  railroad  law  of  1832,     10 

act  of  i4th  April,  1834,  for  removal  of  actions,  repealed  as  to  suits  on  contracts 20 

act  of  5th  May,  1832,  prohibiting  writ  of  error,  repealed 20 

act  of  i6th  June,  1836,  repealed  as  to  requiring  service  on  defendant  not  resident  of 
county 25 

act  of  sth  May,  1832,  and  z8th  March,  1840,  repealed  as  to  Cambria  county 29 

act  of  sth  May,  1832,  repealed  as  to  limitation  of  act  to  certain  counties 38 

of  all  laws  regulating  guages  of  railroads 73 

of  laws  relative  to  sale  of  Allegheny  and  Beaver  county  bonds  below  par 77 

act  3d  March,  1853,  so  far  as  relates  to  passengers  and  baggage  over  Columbia  railroad...     86 

actofi6th  March,  1858,  in  reference  to  liens  of  common  carriers 113 

act  imposing  a  penalty  for  throwing  down  fences,  and  enacting  another 122 

act  i2th  April,  1859,  as  to  tax  on  shareholder  for  shares  on  which  corporation  pays  tax..  139 
of  acts  inconsistent  with  act  of  4th  April,  1868,  for  formation  of  railroad  companies 151 

of  all  laws  authorizing  removal  of  proceedings  for  assessment  of  damages,  as  to  North- 
umberland county 154 

of  all  acts  and  parts  of  acts  inconsistent  with  general  tax  law  of  ist  May,  1868 163 

of  act  toth  April,  1867,  authorizing  sale  of  property  upon  bonds  same  as  upon  mortgage..  171 

of  act  4th  April,   1843,  giving  authority  to  quarter   sessions    to    change    names    of 
corporations 172 

amended,  of  acts  inconsistent  with  tax  law  of  ist  May,  1868 173 

of  acts  and  parts  of  acts  inconsistent  with  act  of  gth.  April,  1870,  for  reports  to  auditor- 
general 179 

of  State  tax  on  earnings,  stock,  gross  receipts,  &c.,  act  of  May  ist,  1868 201 

of  parts  of  acts  of  May  ist,  1868,  and  March  2ist,  1873,  relative  to  State  taxes 221 

of  last  proviso  of  first  section  of  act  April  gth,  1872,  relating  to  wages 223 

REPORT  to  legislature,  and  statement  to  stockholders,  under  act  1849  (general  railroad 

law) 49 

REPORT  TO  AUDITOR-GENERAL  of  name,  date,  place  of  business,  capital  paid  in, 

and  names  of  president  and  treasurer 154,  216 

of  amount  of  capital  paid  in,  date,  amount  and  rate  per  cent,  of  dividends  declared..iss,  217 

of  number  of  tons  of  freight  carried  over,  through,  or  upon  works  of  company 158 

of  gross  receipts  derived  from  all  sources  during  preceding  six  months 159 

of  net  earnings  received  from  all  sources  during  preceding  year 157 

of  amount  of  coal  purchased  or  mined  during  preceding  three  months 160 

of  amount  of  interest  paid  creditors  or  bondholders  during  preceding  year 161 

of  operations  and  affairs  of  corporations  at  end  of  fiscal  year,  9th  April,  1870 178 

of  mineral  statistics — coal,  coke,  petroleum,  salt,  iron  ore,  zinc,  &c 186 

of  interest  paid  on  bonds  and  other  indebtedness aox 

of  name,  place,  capital,  officers,  &c.  before  doing  business 218 

of  amount  of  coal  purchased  or  mined  during  preceding  six  months 220 

REPORT  TO   SECRETARY  OF  INTERNAL  AFFAIRS,  in  lieu  of  auditor-general, 

mineral  statistics 229 

RESERVATION  by  legislature  of  right  to  repeal  or  alter  lateral  railroad  law  of  1832 10 

by  legislature  of  right  to  resume,  alter,  or  amend  charter  under  act  of  1849  (general 
railroad  law) 5<> 

by  legislature  of  right  to  repeal  act  3d  March,  1853,  for  running  locomotives  and  cars  on 
connecting  roads 73 

by  legislature  of  right  to  alter,  revoke,  or  annul  charters 81 

by  legislature  to  alter,  amend,  or  repeal  act  of  4th  April,  1868,  for  formation  of  railroad 
companies I51 

RESUMPTION  by  State  of  railroads  constructed  under  act  of  1832,  on  payment  of  cost 7 

RETAIN  OLD  TRACK.— Companies  to  retain  possession  of  old  railroad  track  when  line 

straightened  or  improved *9a 


266 


PAGE 

RETURNS  TO  AUDITOR-GENERAL  of  number  of  tons  of  freight  carried  and  tax  on 
same  (supplied) '. 117 

REVOCATION.— Every  charter  granted  subject  to  be  altered,  revoked,  or  annulled  by 

legislature 81 

RULES  OF  RAILROADS,  when  not  obeyed,  and  injury  or  loss  of  life  results,  penalty  $5000 

and  imprisonment , 119 


SABBATH  DAY. — Companies    not    required  to  attend  their  works   on  Sabbath  day   to 

expedite  passage  of  boat,  craft,  or  vehicle . 26 

SAFETY  OF  TRAVELERS.— Persons  injured  or  killed   through  disobedience  of  rules, 

penalty  $5000  and  imprisonment 119 

SALES  OF  GOODS  upon  which  carriers  have  lien  for  carriage,  storage,  or  labor 113 

SALES  OF  RAILROADS.— Provisions  for,  and  organization  of  companies  when  railroad 

sold  under  decree  of  court 95 

purchasers  of  railroads  sold  under  decree  of  court  to  secure  debts  due  Commonwealth...  105 

and  conveyance  by  trustee  or  assignee,  to  confer  same  privileges  as  if  under  order  of 
court.... 115 

companies  may  purchase  connecting  roads  sold  and  issue  stock  to  pay  for  same 129 

purchasers  of  roads  sold  under  power  in  mortgage  to  have  rights  conferred  by  act  8th 
April,  1861 135 

act  loth  April,  1867,  for  sale  of  railroad  on  bonds  same  as  on  mortgage,  repealed 171 

and  franchises  under  judgment  authorized,  all  liens  divested  except  mortgages 177 

SALE  OF  RAILROAD  PROPERTY  by  companies  organized  under  general  railroad  law 

of  1849 39 

SALE  OF  REAL  ESTATE  of  dissolved  corporations  by  officers  last  in  office,  or  trustee...  215 
SALT  to  be  included  in  returns  to  auditor-general,  for  mineral  statistics 186 

SCHUYLKILL  COUNTY.— Lateral  railroad  law  extended  only  to  Lycoming,  Luzerne, 

Schuylkill,  and  Northumberland  counties 9 

coal  received  at  stations  for  transportation  to  be  weighed 76 

act  nth  April,  1862,  to  protect  wages  of  labor,  limited  to  Schuylkill  and  other  counties..  108 
companies  to  aid  coal,  iron,  and  other  companies  in  development  of  material  interests...  170 

railroads  not  used  for  five  years,  decayed,  and  out  of  repair  deemed  abandoned 183 

act  February  zist,  1872,  to  prevent  trespass  on  cars  in  Berks,  extended  to  Schuylkill 198 

SECRETARY  OF  INTERNAL  AFFAIRS   to  issue  blanks  and  receive  and  publish 

returns 229 

SEQUESTRATION   to  be  awarded   when   execution   returned  unsatisfied  in  whole  or  in 

part , 13 

act  of  i6th  June,  1836,  as  respects  sequestration,  not  to  apply  to  unfinished  railroads....     90 

in  lieu  of  sequestration,  sale  of  railroad  and  franchises  under  judgment  authorized 177 

SERVICE  OF  PROCESS  may  be  made  on  toll-gatherer  same  as  if  on  president,  &c 10 

may  be  made  on  president  or  other  principal  officer,  cashier,  treasurer,  secretary,  or 
chief  clerk 13 

may  be  on  manager  or  director ;  if  no  manager  or  director,  officer  to  go  into  adjoining 
county 21 

valid  on  director,  manager,  or  other  officer,  when  office  located,  and  president,  &c.  reside 
out  of  State 35 

under  general  law,  on  president,  secretary,  treasurer,  engineer,  agent,  or  director 48 

in  any  county  where  agency,  on  president,  cashier,  agent,  chief  clerk,  director 68 

in  suits  for  obstructing  private  road  or  crossing,  made  on  agent  or  other  employee 69 


267 


PAGS 

SERVICE  OF  PROCESS  in  ejectment  may  be  made  on  agent  or  superintendent  in  charge 

of  property -. 74 

may  be  made  on  director  or  manager,  if  president,  &c.  not  found 85 

may  be  made  in  any  county,  if  service  cannot  be  made  where  suit  brought 86 

scire  facias  on  judgment  for  laborers'  wages,  one  service  and  one  nihil  return 103 

where  office  of  company  located  out  of  State,  made  by  publication  of  writ 106 

on  stockholders  to  enforce  payment  of  installments  due  for  stock 224 

SHIPPERS,  DROVERS,  to  enter  stock-yards  to  feed  cattle  and  cars  to  place  bedding 114 

STATEMENTS,  under  general  law,  to  be  made  annually  to  stockholders  of  affairs  and 

proceedings 49 

STEAM-POWER. — Act  2ist  April,  1855,  section  10,  not  to  apply  to  railroads  using  steam- 
power 116 

STOCKHOLDERS,  under  general   railroad  law  of  1849,   to  meet  annually  on  second 

Monday  in  January 41 

under  general  law,  to  have  one  vote  for  each  share  ;  proxies  to  be  signed  within  three 
months 42 

under  act  24th  March,  1865,  to  approve  of  agreement  for  consolidation 124 

under  act  24th  March,  1865,  refusing  to  convert  stock  to  be  paid  damages  or  value 126 

entitled  to  one  vote  for  each  share  at  all  general  meetings  or  elections 128 

directors,  or  corporators,  not  citizens,  majority  to  determine  where  meetings  to  be  held..  130 

to  appoint  judges  of  election  when  they  do  not  attend  or  directors  do  not  appoint 134 

directors  must  be  stockholders  ;  citizens  of  United  States  eligible  to  office  of  director 135 

suits  against  stockholders  or  directors  to  be  brought  within  six  years  of  neglect,  &c 137 

not  to  pay  tax  on  stock  on  which  a  tax  is  paid  by  the  corporation 139 

to  determine  by  vote  the  number  of  directors  that  shall  govern  affairs 152 

to  determine  where  general  office  located  and  where  meetings  and  elections  held  165 

to  ratify  agreement  of  consolidation  and  merger 168 

of  preferred  stock  not  to  be  liable  for  any  debts  of  the  company 192 

may  petition  for  a  receiver  when  corporation  dissolved  under  quo  -warranto 194 

to  hold  election  to  determine  upon  increase  of  stock 212 

service  of  process  on  non-residents  to  enforce  payment  of  installments  due  on  stock 224 

to  consent  to  acceptance  of  Article  XVII.  of  Constitution 230 

STRAIGHTEN. — Companies  authorized  to  straighten,  widen,  deepen,  enlarge,  or  improve 

lines 166 

acts  9th  April,  1856,  sections  i  and  2,  and  27th  April,  1855,  section  i,  extended  to 
straightening,  widening,  and  improving  lines = 185 

original  railroad  may  be  retained  when  an  improved  or  straightened  line  substituted 192 

SUPREME  COURT  to  have  chancery  powers  in  all  cases  of  mortgages  by  corporations 106 

to  restrain,  by  injunction,  interference  with  right  to  connect  with  other  roads 169 

may  appoint  a  receiver  when  corporation  dissolved  under  quo  -warranto 194 

SURPLUS  FUNDS   may  be  invested   in   mortgages,  ground-rents,  loans,  shares,  public 

debt,  &c 143 

SURRENDER  OF  CHARTER.— Common  pleas  may  grant  applications  for  surrender  of 

charters 85 

SUSQUEHANNA  CANAL  COMPANY  exceptedfrom  operation  of  acts  authorizing  leases 

and  contracts  for  use  of  roads 185 

SUSQUEHANNA  COUNTY  AND  OTHER  COUNTIES.— Railroad  and  canal  com- 
panies to  consolidate  with  each  other 188 

vagrancy  about  railroad  property  in  Susquehanna  depot  to  be  punished 207 


268 

PAGE 

TAXATION.— Loans  of  Philadelphia  City  and  districts  liable  to  State  tax  only 75 

mileage  for  tonnage  tax,  nearest  whole  number  of  miles,  adding  or  rejecting  fractions....  75 
all  railroad  property  in  Philadelphia  to  be  liable  to  city  taxation,  except  superstructure..  90 
all  railroad  property  in  Pittsburg  to  be  liable  to  city  taxation,  same  as  other  real  estate...  91 

tonnage  tax  to  be  paid  (supplied  by  act  ist  May,  1868) 117 

stockholders  not  liable  for  tax  on  stock  upon  which  tax  is  paid  by  the  corporation 139 

general  State  tax  law,  ist  May,  1868 154 

capital  stock  paid  in  to  be  reported  to  auditor-general  before  business  commenced.. ..154,  216 
capital  stock  paid  in  to  be  reported  to  auditor-general  with  dividend  declared 155,  217 

capital  stock  to  pay  tax  of  one-half  mill  per  one  per  cent,  of  dividend  declared ;  three 
mills  when  no  dividend 155 

on  net  earnings — to  be  three  per  cent,  upon  annual  net  earnings 157 

on  tonnage — to  be  two  cents,  three  cents,  and  five  cents  per  ton  on  articles  specified 158 

on  gross  receipts — to  be  three-fourths  of  one  per  cent,  upon  gross  receipts 159 

on  coal — to  be  four  cents  per  ton  of  anthracite  on  coal-mined  or  purchased 160 

on  bank  shares — to  be  one  per  cent,  on  par  value  of  shares  held  by  shareholders 160 

on  interest  paid — to  be  five  per  cent,  on  each  dollar  of  interest  paid 161 

on  capital  stock  (not  railroad  stock) — to  pay  bonus  of  one-fourth  of  one  per  cent,  on 
amount  authorized 163 

on  tonnage — on  coke  and  crushed  rock  sand  not  greater  than  on  products  of  mines 164 

repealing  clause  in  act  ist  May,  1868,  amended 173 

on  increase  of  fifty  per  cent,  of  stock  to  be  same  bonus  or  tax  as  now  assessed  on  capital..  174 

for  State  purposes,  repealed  and  revised  as  to  earnings,  receipts,  interest 200 

for  Centennial  Exposition — of  gross  receipts  of  passenger  railways 205 

general  tax  law  of  1874,  April  24th 216 

capital  stock  to  pay  tax  of  nine-tenths  mill  per  one  per  cent,  of  dividend  declared;  six 
mills  when  no  dividend 218 

for  State  purposes — on  franchises  of  coal  mining  companies 220 

TAXABLE  PROPERTY  to  be  returned  by  commissioners  and  board  of  revision 228 

TELEGRAPH. — Proceedings  to  be  commenced  against  companies  constructing  unauthor- 
ized lines 180 

THIEVES  found  at  railroad  depots  in  Erie  and  Crawford  counties  to  be  arrested  and  com- 
mitted   130 

policemen  to  be  appointed  in  Erie,  Crawford,  Venango,  and   Warren,  for  protection 
against 131 

THISTLES. — Companies  operating  in  Erie  to  cut  down  Canada  thistles  and  noxious  weeds..    81 
Canada  thistles  to  be  cut  down  all  over  State,  penalty  $15 102 

TICKETS  REDEEMED  by  paying  difference  between  whole  fare  paid  for  ticket  and  fare 

for  distance  carried 112 

proviso  in  act  6th  May,  1863,  amended  to  allow  sale  of  unused  tickets  only  to  company,  197 

TICKETS    NOT   CANCELED    or  returned   by  employee,  tickets  fraudulently  stamped 

and  sold,  penalty,  $1000  and  imprisonment 97 

TIOGA  COUNTY.— Lateral  railroad  act  sth  May,  1832,  extended  to  Tioga  county 20 

TIOGA  RAILROAD  excepted  from  acts  regulating  guages  of  railroads 72 

TITLES  held  by  aliens  and  conveyed  to  citizens  may  be  held  and  conveyed  not  subject  to 

escheat 95 

provisions  of  act  gth  January,  1861,  relative  to  titles  held  by  aliens  and  corporations, 
extended  to  sales  prior  to  this  act 173 

TOLLS  to  be  charged  under  lateral  railroad  law  of  1832 7 

on  city  railroads  established  and  distances  regulated 22 

to  be  charged  under  general  railroad  law  of  1849 5° 

on  lateral  roads  in  Allegheny  county  same  as  by  other  roads,  in  addition  to  lateral  tolls,  69 


269 


PACE 

TOLLS  on  city  railroads  not  to  be  charged  for  any  greater  distance  than  used 86 

on  connecting  railroads,  leased  or  contracted,  not  to  be  higher   than  authorized  by 
charter  of  either  company <j! 

TONNAGE  TAX  to  be  paid  (supplied  by  act  ist  May,  1868) xi7 

TRAFFIC  CONTRACTS  may  be  entered  into  with  canal  companies,  with  reference  to 

rates  and  expenses 115 

TRANSFERS  of  stock,  under  general  law  of  1849,  not  to  be  made  within  sixty  days  of 

election 42 

of  stock  under  general  law  of  1849  to  be  made  in  book  of  company  in  person  or  by 
attorney 43 

and  sales  of  stock  by  married  women  authorized  with  same  effect  as  if  unmarried 189 

may  be  made  by  foreign  executors,  &c.  on  filing  copy  of  will  or  other  grant  of  authority...  193 

of  bonds  after  registration  may  be  made  on  books  of  company 208 

TRANSFER  of  stock  by  married  women  may  be  made  as  if  unmarried an 

of  stock  without  liability  to  see  to  execution  of  any  trust 229 

of  stock,  office  for,  to  be  maintained  by  every  company  in  the  State 233 

TRANSITU. — Companies  not  to  be  liable  in  attachment  when  goods  in  transitu  and  beyond 

State  lines 78 

selling  or  purchasing  goods  fraudulently  while  in  transitu,  penalty,  $500  and  imprison- 
ment     93 

TRANSPORTATION  LINES.— Officers  and  others  not  to  be  interested  in, lines  on  road...  224 

TREASURER. — Individually  liable  for  neglect  of  company  to  pay  tax  on  capital  stock 219 

TRESPASS  by  construction  of  any  building,  wharf,  switch,  or  other  device,  penalty,  $100..     17 

or  placing  obstructions  on  or  removing  any  part  of  railroad,  penalty,  imprisonment 49 

on  cars  in  Berks  county  and  riding  without  paying  fare,  penalty,  $$ 191 

act  2ist  February,  1872,  to  prevent  trespass  on  cars  in  Berks,  extended  to  other  counties..  198 

act  2ist  February,  1872,  to  prevent  trespass  on  cars  in  Berks,  extended  to  Delaware 207 

TRIAL  BY  JURY.— Parties  aggrieved  by  report  of  viewers  to  appeal  to  court 81 

act  27th  April,  1855,  to  apply  to  all  cases  pending  at  time  of  passage 83 

TRUSTEES'  LIABILITY.— Trustees  not  to  be  personally  responsible  for  injury  by  col- 
lision, force,  or  violence  on  railroads 87 

Trustees  holding  Allegheny  county  bonds  may  exchange  for  railroad  stock  without 
liability  for  depreciation 94 

TRUSTEES  holding  stock  or  bonds  of  company  authorized  to  merge  may  exchange  for 

that  of  consolidated  company 197 

TUNNELS.— Companies  using  tunnels  and  bridges  to  charge  companies  using  them  for 

such  use 128 

TURNPIKES,  plank  roads,  and  railroads  three  miles  long,  by  individuals,  under  turnpike 

law _. 51 


UNAUTHORIZED  LINES.— Proceedings  to  be  instituted  against  all  companies  which 

have  constructed l&° 

UNCLAIMED  DIVIDENDS  for  three  years  to  be  published  four  weeks 30 

UNCLAIMED  GOODS,  upon  which  carrier  has  claim  for  freight  not  paid 1x3 

UNFINISHED  RAILROADS.— Sequestrators  not  to  be  appointed  in  cases  of  executions 

against  unfinished  railroads 9° 


2/0 

PAGE 

UNION  COUNTY.—  Act  27th  February,  1872,  to  prevent  trespass  on  cars  in  Berks,  ex- 
tended to  Union  .......................................................................................................  198 

USURY.  —  Not  usury  to  issue  bonds  for  larger  amount  than  the  sum  actually  received  .........    21 


not  usury  to  dispose  of  bonds  for  less  than  par  value 


VAGRANTS    loitering  around  depots  in   Erie,   Crawford,    Venango,   and  Warren  to  be 

arrested .... 171 

loitering  about  railroad  property  in  Susquehanna  depot  to  be  punished 207 

VENANGO    COUNTY.— Act  sth  April,   1849,  lateral  railroads,  extended   to   Venango 

county 64 

vagrants  loitering  around  depots  in  Erie,  Crawford,  Venango,  and  Warren  to  be  arrested..  131 

act  28th  March,  1868,  and  supplement,  relative  to  fencing  railroads,  extended  to  Venango 
county 172 

exempted  from  act  28th  April,  1870,  relating  to  change  of  venue 192 

VICE-PRESIDENTS.— Directors  to  add  to  their  number  members  who  shall  act  as  vice- 
presidents  ...» 165 

may  be  elected  by  directors  from  among  their  number,  and  duties  prescribed 210 

VIEWERS  to  be  appointed  to  assess  damages,  under  lateral  railroad  law  of  1832 5 

to  be  appointed  to  assess  damages,  to  take  into  consideration  advantages 5 

to  be  appointed  to  assess  value  of  materials  taken  for  lateral  roads 7 

to  assess  damages  under  general  railroad  law  of  1849 46 

to  lay  out,  vacate,  and  change  streets  in  Mifflin  county 66 

to  assess  damages  for  lands  in  Dauphin  county 66 

may  be  appointed  before  or  after  entry  on  land  or  taking  materials 84 

•  under  act  sth  May,  1832,  to  report  on  necessity  for  railroad  as  well  as  damages 89 

appeal  to  court  shall  extend  to  necessity  of  proposed  railroad,  &c.,  as  well  as  to  damages..  182 
VOTE. — One  each  share,  under  general  railroad  law  of  1849 42 

one  each  share  given  to  stockholders  of  all  companies  accepting,  except  municipal  cor- 
porations     I2& 


WAGES  of  workmen,  &c.  to  be  preferred  and  paid  in  cases  of  assignment 2» 

in  suits  for  wages  arbitrators  may  require  either  party  to  produce  books  and  papers 20 

of  laborers,  &c.,  in  cases  of  assignment,  shall  be  first  paid  to  extent  of  $100 75 

chattel  mortgages  authorized  to  secure  wages  of  labor,  &c 88 

scire  facias  may  issue  on  judgment  for  wages  of  workmen,  contractors,  &c... 103 

shall  be  first  paid  in  cases  of  assignments,  decedents,  executions,  &c 106 

of  mechanics,  miners,  &c.  to   be  preferred  in  cases  of  assignment,  execution,  insol- 
vency, &c 195 

proviso  to  section  4  of  act  gth  April,  1872,  not  to  apply  to  coal-lease  mortgages 223 

WARREN  COUNTY.— Railroads  and  plank-roads  three  miles  long  may  be  constructed 

by  individuals 51 

vagrants  may  be  arrested  and  thieves  detected;  burglars,  gamblers,  pickpockets 130,  131 


PAGE 

WARREN  COUNTY. — Companies  operating  in  Warren  county  to  construct  fences  on 

either  side  of  tracks 142 

companies  failing  to  perform  duties  relative  to  fencing;  penalties 172 

WASHINGTON  COUNTY.— Act  sth  May,  1832,  lateral  railroads,  extended  to  Washing- 
ton county 36 

WAYNE  COUNTY. — Canal  and  railroad  companies  may  purchase  stock  and  bonds  and 

lease  lines  of  each  other 188 

WEEDS,  NOXIOUS,  and  thistles  to  be  cut  down  by  companies  operating  in  Erie  county...    81 
to  be  cut  down  all  over  State 102 

WEIGH-MASTERS  of  railroads  in  Schuylkill  county  to  weigh  each  separate  consignment 

of  coal 76 

WESTMORELAND  COUNTY.— Act  2ist  February,  1872,  to  prevent  trespass  on  cars  in 

Berks,  extended  to  Westmoreland 198 

WHARVES  and  landings  not  to  be  taken  from  owner,  if  necessary  to  use  of  mill,  quarry,  &c..    36 

docks,  and  piers  may  be  constructed,  taken,  and  held  by  companies  whose  lines  reach 
or  cross  streams 120 

WIDEN. — Companies  may  straighten,  widen,  deepen,  and  improve  their  lines 166 

acts   o.th    April,   1856,    and    27th    April,   1855,   applicable    to    proceedings  to  widen, 
straighten,  &c 185 

original  railroad  may  be  retained  when  straightened  or  improved  line  substituted 192 

WILL,  copy  of,  or  other  authority,  to  be  filed  by  foreign  executors  to  enable  transfers  of 

stock 193 

WORKMEN.— Wages  of  workmen  to  be  preferred  and  paid  in  cases  of  assignment 22 

in  suits  for  wages  arbitrators  may  require  either  party  to  produce  books  and  papers 29 

scire  facias  may  issue  on  judgment  for  wages  of  workmen,  contractors,  &c 103 

WRIT  OF  ERROR.— Act  sth  May,  1832,  lateral  railroads,  repealed  as  to  prohibiting  writ 

of  error 19 

bail  shall  be  taken  absolute  for  debt,  interest,  and  costs 35 

allowed  to  either  party  in  cases  of  appeal  from  report  of  viewers 83 

WYOMING  COUNTY. — Roads  unused,  decayed,  or  out  of  repair  for  five  years  deemed 

abandoned 183 

canal  and  railroad  companies  may  purchase  stock  and  bonds  and  lease  lines  of  each 
other....  *88 


YORK  COUNTY.— Act  2ist  February,  1872,  to  prevent  trespass  on  cars  in  Berks,  ex- 
tended to  York »98 


ZINC.— Quantity  of  zinc  produced  to  be  reported  to  auditor-general  as  "  mineral  statistics,"  186 


M208G24 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


